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Page 1 of 57 Signature of Bidder with seal Price Rs. 500/-+VAT Rs.13.5 % = Rs. 568/- (Non-Refundable) 2 nd Call BHARAT SANCHAR NIGAM LIMITED Office of the General Manager Telecom District, Near Head Post Office, Mall Road Almora-263601 (Uttrakhand) Phone: 05962-232000, Fax: 05962-236136 BID DOCUMENT Optical Fiber Cable Laying works under NOFN PROJECT in BAGESHWAR Block of Almora SSA for Replacement of Lossy Fiber Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017 Name of Block : BAGESHWAR Download form and processing for bidding : 11-01-2017 Date of receipt of queries from bidder : 16-01-2017 Reply of query by BSNL : 21-01-2017 Last Date of Submission of tender in electronic bidding : 27-01-2017 Last date for submission of physical copy of original EMD and tender Cost and copies of other relevant documents as mentioned in bid document : 31-01-2017 Date and time of opening of e-tender (Technical bid only) : 01-02-2017 Signature & Seal of issuing authority

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Page 1: Bharat Sanchar Nigam Limited - Office of the General Manager …tender.bsnl.co.in/bsnltenders/bsnltender/download.jsp... · Page 1 of 57 Signature of Bidder with seal Price Rs. 500/-+VAT

Page 1 of 57 Signature of Bidder with seal

Price Rs. 500/-+VAT Rs.13.5 % = Rs. 568/- (Non-Refundable) 2nd

Call

BHARAT SANCHAR NIGAM LIMITED Office of the General Manager Telecom District,

Near Head Post Office, Mall Road

Almora-263601 (Uttrakhand)

Phone: 05962-232000, Fax: 05962-236136

BID DOCUMENT

Optical Fiber Cable Laying works under NOFN PROJECT in BAGESHWAR Block of

Almora SSA for Replacement of Lossy Fiber

Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017

Name of Block : BAGESHWAR

Download form and processing for bidding : 11-01-2017

Date of receipt of queries from bidder : 16-01-2017

Reply of query by BSNL : 21-01-2017

Last Date of Submission of tender in electronic bidding : 27-01-2017

Last date for submission of physical copy of original EMD

and tender Cost and copies of other relevant documents as

mentioned in bid document : 31-01-2017

Date and time of opening of e-tender (Technical bid only) : 01-02-2017

Signature & Seal of issuing authority

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Page 2 of 57 Signature of Bidder with seal

BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise)

Office of General Manager Telecom District

Almora-263601 (Uttarakhand)

SECTION-1 Part A

Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017

DETAILED NOTICE INVITING E-TENDER (DNIT)

1. On behalf of Bharat Broadband Network Limited (BBNL) E-tender is invited for replacement of Lossy fiber by

GMTD, Bharat Sanchar Nigam Limited (BSNL), Telecom District Almora for Trenching, pipe-laying and laying

of Optical Fiber Cables under “NOFN PROJECT” for connecting Gram Panchayats in BAGESHWAR Block, of

Revenue District Almora under Almora SSA in Uttarakhand State. Through this tender document BSNL Almora

intends to connect all the Gram Panchayats of BAGESHWAR Block to Block/Cluster Head Quarter on OFC by

laying incremental OFC. The particulars of the expected quantity of work along with EMD is detailed below:

Particulars of the Work: “Optical Fiber Cable Laying works under NOFN PROJECT in BAGESHWAR

Block for replacement of lossy fiber.

Name of Route Approx.

Route Length

(Kms.)

Total route

length (in

KM)

Estimated

Value of Tender

(In Rs.)

Earnest

Money

(In Rs.)

Cost of

application

form (In Rs.)

Kanda- Saniudiyar 15.2

24.2 4918263 122957 568 Bageshwar- Kausani 3.0

Bageshwar -Berinag 6.0

2. General Instructions: BSNL intends to award work to only one successful bidder, found techno-commercial

eligible and placed at lowest price ranks arrived through financial evaluations. The work will be awarded to

successful bidder after final approval of tender by BSNL/BBNL.

3. Period of Contract: One year from the date of agreement and extendable for another one year/part thereof on

same terms and conditions.

4. Eligibility Criteria: The Company registered in India and incorporated under the Indian Companies Act,

or a proprietorship firm or a partnership firm, having sound financial capability and technical capacity

and complying the eligibility criterion can participate in the bidding process.

The following documents (self attested photocopies of certificates should be enclosed with technical

bid) shall be furnished by the contractor as a proof of his/her/their eligibility and qualification/credibility for

the OF Cable laying work under NOFN project contract work:-

(i) Experience:

a. The bidder must have an experience in BSNL/DOT/MTNL/State or Central Govt./PSU of having

successfully completed OF/UG cable Construction/Maintenance and associated works during last 7 years

ending last day of month previous to one in which applications are invited should be either of the

following. The experience certificate should have been issued by JAG/DGM level officer or equivalent

officer. 1. Three similar completed works costing not less than the amount equal to 40% of each completed work of

estimated cost.

OR

2. Two similar completed works costing not less than the amount equal to 50% of each completed work of

estimated cost.

OR

3. One similar completed work costing not less than the amount equal to 80% of estimated cost.

b. Experience certificate should be issued by an officer not below the rank of JAG/DGM level or equivalent

officer of Central/State Govt./PSU’s. If photocopy is being attached same should be self-attested.

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Page 3 of 57 Signature of Bidder with seal

(ii) Photo copy of PAN card.

(iii) Proof of the firm status by submitting copy of any one of the following documents:

a) In case of partnership firm, authentic copy of Partnership deed.

b) In case of proprietor ship firm, affidavit in original from the proprietor of the firm that he is the sole

proprietor of the firm.

c) In case of company registered under Indian Companies Act, copy of Certificate of Incorporation and

Memorandum of Association of the firm as the case may be for above.

(iv) Bankers' solvency certificate from a Nationalized or scheduled bank of Rs. 10 %. The Solvency

Certificate should not be older than the date of issue of NIT.

(v) Average annual financial turnover during the last three years, ending 31st march of 2015

AND/OR 2016, should be at least 30% of the estimated cost. Bidder shall submit Annual Audited

Reports highlighting P&L accounts and Balance Sheet in support of their turnover. Bidders with

mere Charted Accountant certificate on turn over shall be required to submit Audited Annual

Reports against turn over before signing of Agreement with BSNL, failing which their offer shall

likely to be rejected & EMD shall be forfeited irrespective of their price ranking. (vi) Copy of EPF Registration certificate. If not registered, enclose an affidavit declaring that it will be

obtained on award of contract within one month from the agreement.

(vii) Copy of ESI Registration certificate. If not registered, enclose an affidavit declaring that it will be

obtained on award of contract within one month from the agreement. If not applicable, enclosed a

affidavit to this effect.

(viii) Copy of Service Tax registration certificate.

(ix) The bidder should submit an undertaking that he has not been black listed OR debarred from participation

in Tender anywhere in BSNL/MTNL/ DOT/PSU.

(x) Certificates from all Directors/Partners/Owners of the biding firm stating that none of their near relatives

are working in BSNL/BBNL as per enclosed Performa.

(xi) Original 'Power of Attorney' in case person other than bidder has signed the documents.

(xii) Cost of the Tender document.

(xiii) Cost of the EMD.

(xiv) Bid form, duly filled in.

(xv) Bidder’s profile duly filled in.

(xvi) Labour license for any of ongoing works, and if not available at the time of bid submission or

there are no ongoing works, enclose a declaration letter mentioning that labour license will be

obtained on award of contract within stipulated period.

(xvii) List of qualified experienced personnel, who are working for the bidder, who will be deployed

for the work. (xviii) Tender Document(s), in original, must be duly filled in and signed by bidder or his authorized

representative along with seal on each page. All corrections and overwriting must be signed with date by

the bidder or his authorized representative.

5. Purchase of Tender Document: 1. Tender document can be obtained by downloading it from the website www.tender.bsnl.co.in and

www.tenderwizard.com and selecting BSNL from their home page. The bidders downloading the tender

document are required to submit the tender fee amount through DD/ Banker’s cheque along with their tender

bid failing which the tender bid shall be left archived unopened/ rejected. The DD/ banker’s cheque shall be

drawn from any Nationalized/ Scheduled Bank other than cooperative Banks in favour of Accounts Officer

(Cash), BSNL, O/o GMTD, Almora payable at Almora.

2. Bidder can also deposit the requisite tender cost through RTGS/NEFT to the account detail given in Section-4

Part C.

3. The MSE units shall be exempted from submission of cost of bid document on production of requisite proof in

respect of valid certification from MSME for the tendered item.

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Page 4 of 57 Signature of Bidder with seal

6. Earnest Money: 1. Pursuant to clause 8, the bidder shall furnish, as part of his bid, a bid security/EMD for an amount Rs.

1,22,957/- as listed in the table given in NIT in Section I of bid document. Bids without due EMD shall be

summarily rejected.

2. The bidder shall furnish, as part of his bid, a bid security for an amount as listed against each Block/Cluster / cluster in Schedule of Requirement Section V of this document and also mentioned in the table given in NIT in Section I of bid document. The bidders who are registered with National Small Scale Industries Corporation UNDER SINGLE POINT REGISTRATION SCHEME are exempted from payment of bid security up to the amount equal to their monetary limit. Bidders with NSIC/MSME Certificate bidding beyond their prescribed limits shall be required to pay EMD amount, equivalent to two

percent of balance of estimated cost for that Block/Cluster beyond their

prescribed limits. Bids without due EMD shall be summarily rejected. 3. A proof regarding current registration with NSIC/MSME for the Tender items

will have to be attached alongwith the bid. 4. If a vender registered with NSIC/MSME under single point registration scheme claiming

concessional benefits is awarded work by BSNL and subsequently fails to obey any of the contractual obligations, he will be debarred from any further work/ contract by BSNL minimum for one year from the date of issue of such order.

5. The bid security is required to protect the BSNL against the risk of bidder's conduct, which would warrant the forfeiture of bid security pursuant to forgoing para.

6. The bid security is required to protect the BSNL against the risk of bidder's conduct, which would warrant the forfeiture of bid security pursuant to forgoing para.

7. The bid security shall be in the form of a Demand Draft/Pay Order/Banker’s Cheque or Bank Guarantee issued by a nationalised/scheduled bank (other than co-operative bank) in favour of the Accounts Officer (Cash), O/o GMTD BSNL Almora Payable at Almora. The BG should be valid for 210 days from date of opening of tender.

8. A bid not secured in accordance with forgoing paras shall be rejected by the BSNL being non-responsive at the bid opening stage and shall be returned to the bidder in due course.

9. The bid security of the unsuccessful bidder will be discharged/returned as promptly as possible, normally in 03 months from date of opening. No interest shall be allowed on the EMD.

10.The successful bidder's bid security will be discharged upon the bidder's acceptance of the Letter-of-Intent (LOI) satisfactorily in accordance with clause 27 and furnishing the performance security. In case successful bidder desires to adjusted amount of bid security in security deposit, he should made request to the GMTD, Almora.

11.The bid security may be forfeited under following conditions: (a) If the bidder withdraws his bid during the period of bid validity specified by the bidder in the Bid form or (b) In the case of successful bidder, if the bidder fails: (i) To sign the contract in accordance with clause referred in this Tender Document or (ii) To furnish performance security in accordance with clause referred in this Tender Document.

12. The Bidder shall furnish an unequivocal, unqualified and irrecoverable undertaking along with the Bid to the

effect that;

13. “During the Bidding process ‘or’ during the course of execution of the Contract ‘or’ at any stage thereafter, if

it is found that the Bidder has fraudulently misrepresented any of the facts about the product/services etc

being offered under the tender/Contract, the Purchaser (BSNL) shall be free to claim a sum equivalent to

damage as assessed by it subject to a maximum of the value of total Contracted Value from the Bidder for

such misrepresentation. The Bidder shall immediately on being told by BSNL pay such sum of money to

BSNL. Quantum of damages under this clause assessed and levied by the Purchaser (BSNL) shall be final

and not challengeable by the Bidder/Contractor”

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Page 5 of 57 Signature of Bidder with seal

7 Submission of Bid: 1. Bid should be submitted through e-bidding only and up to 17:00 Hrs. on dated 27-01-2017. In addition to

above bidder needs to submit the following documents in the physical form:

a) DD/ Bankers Cheque/ RTGS Receipt/ NEFT Receipt against payment of tender fees as mentioned in

DNIT. Latest valid NSIC/MSME certificate to be submitted if exempted.

b) DD/ Bankers Cheque/ RTGS Receipt/ NEFT Receipt against Bid Security/EMD in original as

mentioned in DNIT. Latest valid NSIC/MSME certificate to be submitted if exempted.

c) Power of Attorney in Original.

2. The above documents needs to be sent physically to AGM(CFA), o/o the GMTD, BSNL, Almora-263601

(Uttarakhand) up to 17:00 Hrs. on dated 31-01-2017. No bid will be accepted after scheduled date & time.

3. E-bidding and quote of prices shall be done in the electronic format of e-bid to be accessible through an

authorized user ID and Password, to be issued by BSNL through its authorized agency.

8 Opening of Qualifying Bid: The tender will be opened through E-bidding portal at 11:00Hrs. on 01-02-2017

in presence of the bidders or their authorized representative who wish to remain present at their own cost.

9 In case the date of submission (opening) of bid is declared to be a holiday, the date of submission (opening)

of bid will get shifted automatically to next working day at the same scheduled time. Any change in bid

opening date due to any other unavoidable reason will be intimated to all the bidders separately.

10 Incomplete, ambiguous and conditional bids are liable to be rejected.

11 GMTD, BSNL, Almora is not bound to accept the lowest tender.

12 The GMTD, BSNL, Almora reserves the right to reject any or all the bids or cancel the tender process at any

stage without assigning any reason whatsoever. He also reserves the right to select more than one offer in

any/all category or categories of work as mentioned in the tender documents.

AGM(CFA)

O/o GMTD, Almora

Copy to:-

1) AGM (EB), O/o CGMT, Uttarakhand Telecom Circle, Dehradun.

2) ADT(IT), O/o CGMT, Uttarakhand Telecom Circle, Dehradun.

3) Office Notice Boards.

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Page 6 of 57 Signature of Bidder with seal

Bharat Sanchar Nigam Limited

(A Govt. of India Enterprises)

Office of the General Manager Telecom District, Almora

SECTION-2

Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017

TENDER INFORMATION

1. Bidding process is two stage bidding. In the first stage, after initial evaluations, bids shall be evaluated for techno-

commercial compliances and in second stage financial bids shall be opened & evaluated only for those bidders

who have been found successful in techno-commercial bid evaluations of first stage. However bidders have to

bid for both i.e techno-commercial and financial bidding together as per process explained for e-bidding.

2. VALIDITY OF BID: In case, where BSNL finds that it is not able to place work order within the validity period

of the bid, BSNL can request all bidders to extend the validity of their respective bids and the EMBG’s by

reasonable period. In such cases extension of validity of bid security by 30 days beyond the extended validity date

of bids should also be asked for, while BSNL can make the request for extension, the bidder is free to either

extend the validity or refused the request the extend the validity.

a) Bid shall remain valid for 180 days from the date of opening of bid (Qualifying bid). A bid Valid for a shorter

period shall be rejected by the BSNL as non-responsive.

b) The BSNL reserves the right to request the lowest 3 bidders as per read out list on the opening day to extend

the bid validity for a period of further 120 days. While BSNL can make the request for extension, the bidder is

free to either extend the validity or refuse the request to extend the validity. A bidder accepting the request

and extending the bid validity will not be permitted to modify his bid and will extend EMBG also.

c) The tender submitted for work shall remain open for acceptance for a period of bid validity from the date of

opening of tender. If any tenderer withdraw his tender before the said period or make any modification in the

terms and conditions of the tender not acceptable to the department then the GMTD Almora shall without

prejudice to any other rights or available, be within his right to forfeit the earnest money paid by the tenderer.

3. HOW TO SUBMIT THE TENDER: The tenders/bids are being called only through E-bidding portal as

defined in Section-1 Part A (DNIT) and Section-4 Part C.

a. The tender will be in two Bid systems consisting of:

a. Qualifying /Technical Bid and

b. Financial Bid

b. Qualifying /Technical Bid:- It will consist of followings:

a. Cost of the bid document, EMD/Bid Security and all other Certificate(s) showing fulfillment of the

eligibility criteria(s) stated in Clause 4 of the DNIT.

b. All the undertaking & declaration as desired duly filled & signed.

c. These essential documents need to be scanned and uploaded into the e-bidding portal along with entry

of these documents in the TECHNICAL ELIGIBILITY SHEET in attached excel format.

c. Financial Bid:- Price/Financial bid duly filled must be uploaded in e-bidding portal only. No scanned copy of

the Price/Financial bid shall be uploaded to the e-bidding portal. Hard copy of the Price/Financial bid need not

to be submitted to BSNL Office.

d. Bid (s) submitted late (after the expiry of prescribed time and date) will not be considered and shall be

rejected.

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Page 7 of 57 Signature of Bidder with seal

SECTION-3 Part A

Bharat Sanchar Nigam Limited

(A Govt. of India Enterprises) Office of the General Manager Telecom District, Almora

Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017

SCOPE OF WORK

1. Broad specification of execution of work shall be as per Engineering Instructions issued by BBNL/BSNL with due

modifications from time to time.

2. Steps involved in OF Cable construction are summarized below:

a) Excavation of trench up to a nominal depth of 65/105/165 cms. according to construction

specifications along National Highways/State Highways / other roads and also in city/village limits as

mentioned in the notice inviting tender.

b) Laying of HDPE/PLB Pipes/ coils coupled by HDPE sockets in excavated trenches, on bridges and

culverts, drawing of 6 mm polypropylene rope (P.P. Rope) through the HDPE pipes/coils as per

construction specifications and sealing or HDPE pipe ends at every manhole by HDPE end caps of

suitable size.

c) Providing of mechanical protection by DWC/RCC/GI Pipes and/or concreting/chambering according

to construction specifications, wherever required.

d) Fixing of GI Pipes/ troughs with clamps at culverts/bridges and/or chambering or concreting of GI

Pipes/troughs, wherever necessary.

e) Back filling and dressing of the excavated trenches according to construction specifications.

f) Opening of manholes, replacing existing 6 mm P.P ropes by 8mm P.P rope (from manhole to

manhole) for ensuring smooth passage for pulling the cable. Pulling of Optical Fiber cable with

proper tools and accessories as per construction specifications. Sealing of both ends by hard rubber

bush of suitable size to avoid entry of rodents into the HDPE Pipes, putting split HDPE/DWC Pipes

or split RCC Pipes with proper fixtures over cable in the manhole to protect the bare cable in the

pulling manhole. Back filling and dressing of manholes.

g) Splicing of Fibers in existing/new Joint chambers for making straight/branch joints at FPOI and end

to end testing of all the Fibers after splicing including installation of splitters wherever applicable.

h) Splicing of all the fibers of 24F cable in Fiber Termination Box at the Gram Panchayats and testing all

the fibers for continuity. This will also include the installation of FTB(Fiber termination Box)

i) Supply of Material for construction of Jointing Chambers and constructing the same by digging of pit

for construction of jointing chamber at approximately every two kilometers using bricks and mortar or

fixing pre-cast jointing chamber, filling of jointing chamber with clean sand, placing either pre–cast

RCC cover or stone of suitable size on jointing chamber to protect the joint and back filling of

jointing chamber with excavated soil.

j) Digging of pit 1 meter towards jungle side at every manhole and jointing chamber, fixing of route

indicator/ joint indicator, concreting and back filling of pits, painting of route indicators with blue

colour and joint indicator by gray colour and sign writing denoting route/ joint indicator number, as

per construction specifications EIs of BSNL/BBNL.

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Page 8 of 57 Signature of Bidder with seal

k) Road restoration work to evenly match the road including supply of concrete/bitumen/asphalt etc.

l) Supply of As Build Diagram in hard as well as soft copy on CD for complete Block/Cluster.

m) Videography of the Route on which cable is laid.

n) Installation of PVC flexible conduit in the corridor/risers/exchange premises and laying OF Cable

through it including supply of required Material/fixtures etc.

o) Physical mounting of FDMS on Wall at each Gram Panchayat Bhawan/OLT Locations including

supply of required Material/fixtures etc. FDMS will be supplied by BSNL.

p) Recovery of Empty Cable Drums.

q) Soil Strata is based on general observation and past experiences on soil without making a pit. Same

may change on the basis of findings after actual trenching/digging.

3. Protection methods to be used in less depth cases:

a) No protection is required for depth more than 1.2 meters in any type of soil/terrain conditions.

b) At lesser depths in built up areas falling within municipal/corporations limit, PLB/HDPE duct shall be

laid with protection using RCC/DWC full round full round/split pipe/GI pipes or cement concreting

reinforced with weld mesh or a combination of any of these as per site requirement.

c) In cross country roads and hilly terrains, for depth less than 1.2 meters and up to 0.5 meters, split

DWC pipe shall be used.

d) GI Pipes to be used for laying OFC on bridges/culverts/road crossing only.

e) For any relaxations on depth and/or type of protection materials to be used shall be governed as per

laid down norms and procedures being followed in BSNL for their own works.

4. ALLIED ACTIVITIES:

a) Transportation of Materials: the materials required for executing the work entrusted to the

contractors against a work order shall be made available at Store Depot at Almora SSA. In some cases

the materials may be available at sub-divisional store godown. The contractor shall be responsible for

transporting the materials, to be issued by the BSNL or otherwise to execute the work under the

contract, to site at his/ their own cost. The costs of transportation are subsumed in the standard

schedule rates and therefore no separate charges are payable on this account.

b) Disposal of Empty Cable Drums: The contractor shall be responsible to dispose to the empty cable

drums after laying of the cables.

c) Supply of Materials: There are some materials required to be supplied by the contractor for

execution of works under this contract like Bricks, cement, Wire Mesh and Steel for protection, etc.

besides using other consumables which do/don’t become the part of the asset. The contractor shall

ensure that the materials supplied are of best quality and workmanship and shall be strictly in

accordance with the specifications.

5. Cost of Work:

The estimates cost of work is as mentioned in the Detailed Notice Inviting Tenders (DNIT) which has been

worked out based on standard scheduled rates mentioned in this tender document. The actual quantity/value of

work may vary based on the actual requirement but generally being limited to (+ / -) 25% of the indicated

value.

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6. List of route where OF Cable is to be laid Under NOFN Project for replacement of lossy fiber in

BAGESHWAR Block:

Sl.No. Name of route Approx. Length (In KM) Total length (In Kms)

1 Kanda – Saniudiyar 15.2

24.2 2 Bageshwar – kausani 3.0

3 Bageshwar – Berinag 6.0

Note- Soil Strata is based on general observation and past experiences on soil without making a pit. Same may

change on the basis of findings after actual trenching/digging.

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Page 10 of 57 Signature of Bidder with seal

SECTION-3 Part B

Bharat Sanchar Nigam Limited

(A Govt. of India Enterprises) Office of the General Manager Telecom District, Almora

Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017

TECHNICAL SPECIFICATIONS/REQUIREMENTS

1. Broad specification of execution of work shall be as per Engineering Instructions issued by

BBNL/BSNL with due modifications from time to time.

2. Optical Fibre Cable Construction Practices and Specifications have been broadly defined in Engineering

Instructions document issued by Bharat Broad Band Nigam Limited issued on 12.02.2014 and titled as

“Engineering Instructions on Under Ground Optical Fibre Cable Laying Works for NOFN Projects".

3. Apart from above EI, where-ever explicit details of certain specification and/or practices are not defined

or not clear, provisions of BSNL Engineering Instructions No: D – 001 issued on 31.01.2007 shall be

followed. However in case of disputes if any, decision of BBNL shall be binding on all parties of the

contract.

4. Further specification for laying OF cable with suitable protection over pole alignment in hilly and

difficult terrain where digging is not possible, has been specified in the Engineering instructions issued

by BSNL vide no. TR/COFC/I-001) EI Aerial OFC 10.06.2011 enclosed with this bid document. Bidders

have to ensure that laying of overhead cable alignment are done in accordance with specifications

defined in the document.

5. The bidders are advised to go through these Engineering Instructions before quoting for bid.

6. Schedule of requirement also covers supply of materials (if not supplied by BSNL) such as GI Pipes,

RCC Pipes and other construction materials as envisaged during execution of work. Contractor has to be

financially sound to meet expenses against purchase of material from open market and also to meet

initial cost of execution work till the time, running payments of work is started by BSNL.

Signature of Bidder

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SECTION-3 Part C

Bharat Sanchar Nigam Limited

Office of the General Manager Telecom District, Almora

Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017

Schedule of Requirement (SOR)

OFC laying work in Bageshwar Block under NOFN Phase-I for replacement of Lossy Fiber (Calculation Sheet)

Item No. Description of item of work Unit of

measurement

Rate per

Unit

TOTAL

QTY.

TOTAL

PRICE

(in Rs.)

ITEM 1 Excavation of trenches in all type of soils and reinstatement as per construction specifications for:

23210

a) Ordinary Soil (to a depth of 165 cm) Per Meter 85.00 2110 179350

b) Soft Rock (to a depth of 105 cm) Per Meter 130.45 3260 425267

c) Hard rock (to a depth of 65 cm) Per Meter 157.58 17840 2811227.2

ITEM 2 Rate for PLB pipe laying, jointing and leveling of PLB pipe of dia 40mm including

transportation: Per Meter 6.80 24200 164560

ITEM 3.1 Laying of PLB pipe underground duct through HDD method including laying of PLB

pipe a)Single PLB pipe. Per Meter 180.00 0 0

b)Two to three pipe Per Meter 210.00 0 0

c)Four to seven pipe Per Meter 230.00 0 0

ITEM 3.2 Horizontal Boring at a depth of 1.65 mtrs. for crossing roads/railway track and

inserting 65/40 mm dia GI pipes. Per Meter 140.00 0 0

ITEM 4.1

Laying and fixing of 40mm to 80mm dia GI pipes inside on wheal guard on

Bridges/building and culverts through clips including transportation of GI pipe and supply of clamps and nails.

Per Meter 60.00 350 21000

ITEM 4.2

Laying and fixing of 40mm to 80mm dia GI pipes out side on walls of

Bridges/building and culverts through clamps including transportation of GI pipe

(clamps will be provided by BSNL)

Per Meter 140.00 240 33600

ITEM 5.1 Laying and fixing of 65/50 mm GI pipes in trenches (road crossing) including transportation of GI pipe.

Per Meter 15.00 400 6000

ITEM 5.2 Laying and leveling and fixing of full round DWC pipe of dia 90/77 mm including of

transportation for laying of 40 mm PLB pipe. Per Meter 12.00 0 0

ITEM 5.3 (A) Laying of half round (Split) DWC pipe of 90/77 mm dia. Per Meter 7.50 23210 174075

(B) Laying fixing and sealing of split RCC pipes of 100 mm dia. Per Meter 9.00 0 0

ITEM 6.1

Providing, laying and curing in position cement concrete bed of size 20 cmX 7.5 cm in

ratio 1:2:4 by using proper shuttering and PVC Sheet 1 Meter width and weight not less than 1Kg per 8 sq M. Laying single PLB above the concrete bed so constructed

with MS weld mesh wrapped around and tied. Providing, laying and curing in position

cement concrete bed of size 20cmX 12.5 cm in ratio 1:2:4 by using proper shuttering above the pipe as per the construction specification of the tender and the direction of

the site- incharge. The work also includes the cost of supply of cement, coarse sand, stone aggregate of 40 mm & 20 mm(PVC sheet and MS weld mesh will be supplied by

BSNL) and transportation of all material to work site for laying PLB pipes.(The cost of

PLB pipe laying is not included in this item)

Per Meter 175.00 0 0

ITEM 6.2

(A) Providing RCC of size 20 Cm x 20 Cm enclosing GI Pipes of diameter 65mm with CC of ratio 1:2:4 with 4 Nos. of 6 mm dia iron rods with rings at interval of 0.5 m of 6

mm dia iron rods for fixing including supply of all materials for RCC work by the

contractor at road crossings or bridge/ culvert of a nallah / river /canal or at any other place (to be decided by SDE ) In Charge).This work includes the laying of GI pipes.

No seprate charges will be paid for GI Laying. Transportation of all material by the

contractor

Per Meter 220.00 0 0

(B) CC on GI 65mm (20cmX20cm) Per Meter 170.00 825 140250

(C) CC per cubic meter Per Cu. Meter 0.00 0

ITEM 7

Opening of manholes/joint pits, pulling of OF cable, sealing of PLB pipe in manhole

by rubber cork and providing HDPE/ RCC split pipe in man hole and back filling of

man holes /joint pits.

0

(A) Cable blowing per meter (New pipe) Per Meter 12.00 25350 304200

(B) Laying of OF Cable in existing PLB pipe ducts including cleaning of PLB pipe

ducts. Per Meter 18.00 0 0

ITEM 8 Digging of pits for jointing chamber, construction of brick chamber, filling of Brick

chamber with jamuna sand as per tender specification. Each 5000.00 20 100000

ITEM 9 Splicing/Termination of Optical Fibre Cable 0

(A) 12 Fibre conventional type splicing Each 3000.00 0 0

(B) 24 Fibre conventional type splicing Each 4000.00 21 84000

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ITEM10 Splicing/Termination of Optical Fibre (ribbon type) 0

(A) 48 Fibre ribon splicing Each 5000.00 0 0

(B) 96 Fibre ribon splicing Each 6000.00 0 0

(C) 288 Fibre ribon splicing Each 9000.00 0 0

ITEM 11

Digging of pits 1 m towards jungle side on each manholes/joint chamber for fixing of

1250/800 mm RCC route/joint indicator, fixing and concreting of RCC route/joint

indicator, painting and sign writing of route/joint indicators including supply of RCC Route/ Joint Indicator.

Each 590.00 0 0

ITEM 12 Construction of RCC Manhole Each 40000.00 0 0

ITEM 13 Cost of Recovery of Empty Cable Drum Each 300.00 13 -3900

ITEM 14 Cost of Hand hole (Brick chamber type) in case of HDD on OFC laying as per Construction Specifications.

Each 2407.00 0 0

ITEM 15 Route Indicator 0

Supply & fixing of RCC / Stone route / joint indicator Per indicator 220.00 121 26620

ITEM 16 Restoration of road surface 0

Road restoration work with bituminus macadam for semi grounting 50mm thick and

premix carpet surfacing 25mm thick over the grouted surface (total 75mm thick)

including supply of asphalt etc to evenly match the road including consolidation and rolling as per standard specification of DSR 1997.

Per meter 90.00 4840 435600

ITEM 17 Route Index Diagram 0

A Supply of route index diagram (ABD) in hard as well as soft copy on cd for complete

Block Per KM 370.00 24.2 8954

B Videography of the route on which cable is laid Per KM 300.00 24.2 7260

The contractor shall arrange all materials required for the work. 0

ITEM 18 Laying of OF cable in buildings (Leading in work) 0

Installation of PVC flexible conduit in corridor/ risers/ exchange premises and Laying

of OF Cable through it (leading in work) per M 10.00 20 200

All materials required for the work shall be arranged by the contractor. 0

ITEM 19 Mounting of FDMS at OLT locations 0

Physical Mounting of FDMS on wall at OLT locations per FDMS 250.00 0 0

All material required for the work shall be arranged by the

contractor. 0

Total (ITEM1 to ITEM 19) 4918263.2

ITEM 20 (B) Slinging of aerial OFC and Associated Work 0 0

a Marking of route including Survey of New Post. Per Km 446 0 0

b Erection of complete new post including fitting of tubes and digging holes

(all types of posts). Per Post 334 0 0

c Addition of tube at the top of post to increase height. Per Post 30 0 0

d Erection of Stay including twisting of wire and fixing. Per Stay 186 0 0

e Fitting of Brakets (All Type). Per Bracket 30 0 0

f Slinging of aerial OFC on existing/new post with the help of supplied accessories.

Per Meter 13 0 0

g Fixing of vertical GI Pipe medium size 50mm. OD with clamp for taking down Aerial Optical fiber cable for splicing in the underground chamber.(

GI will be provided by Deptt.).

Per Joint/terminal

post

62 0 0

h Painting (45 cm in the middle of post) and sign writing on the post as route

indicator (Cost of painting material is included). Per Post 43 0 0

TOTAL (ITEM 20(a +b+c+d+e+f+g+h)) 0

Note The above rates are inclusive of Transportation cost.

TOTAL COST 4918263

Note- Soil Strata is based on general observation and past experiences on soil without making a pit.

Same may change on basis of findings after actual trenching.

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SECTION-4 Part A

Bharat Sanchar Nigam Limited (A Govt. of India Enterprises)

Office of the General Manager Telecom District, , Almora

Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017

GENERAL INSTRUCTIONS TO BIDDERS (GIB)

On behalf of Bharat Broadband Network Limited (BBNL), open tenders are invited by GMTD, Bharat Sanchar Nigam

Limited (BSNL), Telecom District Almora for Trenching, pipe-laying and laying of Optical Fiber Cables under

“NOFN PROJECT” for connecting all the Gram Panchayats of BAGESHWAR Block/ under Almora Telecom

District in Uttarakhand State.

1. Definitions:

(a) BSNL: The BSNL means the Bharat Sanchar Nigam Limited, A Public Sector Enterprises under the Ministry

of Communications & IT Govt. of India.

(b) BBNL: means Bharat Broadband Network Limited, a fully owned Govt. of India company under Ministry of

Communications and IT, formed to establish National Optical Fibre Network (NOFN) in country for

felicitating provisioning of Broad Band connections and other services on Fibers at each Gram Panchayat. For

the instant work, BSNL is doing this job on behalf of BBNL.

(c) SSA Head: means the GMTD (Head of SSA) Almora and his successors.

(d) The Jurisdiction of the GMTD: The jurisdiction of GMTD means Almora Telecom District which coincides

geographically with Almora Telecom District.

(e) Representative of the GMTD: Representative of the GMTD means officer and staff for the time being in

Almora Telecom District deputed by the GMTD for inspecting or supervising the work or testing etc.

(f) The Bidder: means the Individual/Company/Partnership Firm who participates in this Tender and submits

his/her/their bid.

(g) The Goods: means all the equipment, machinery, and/or other materials and/or services which the Contractor

is required to supply/execute to the BSNL under the contract.

(h) The Advance Work Order: means the intention of BSNL to place the work Order on the bidder.

(i) The Work Order: means the order placed by the BSNL for services and/or goods on the Contractor signed

by the BSNL including all attachments and appendices thereto and all documents incorporated by reference

therein. The work order shall be deemed as "Contract" appearing in the document.

(j) Trenching & Pipe Laying: Trenching and Pipe laying work involves digging of trenches in different soil

conditions up to specified specifications, defined in bid document and laying of HDPE and other protection

pipes for pulling of Optical Fibre Cable. The detailed instructions and practices to be followed are defined in

the Engineering Instructions issue by BBNL and attached with this document

(k) OF Cable Pulling: Optical Fibre Cable is to be drawn through pipes laid in trenches by pulling with the help

of support rope/wire in such a way that there is no damage to fibre in entire length.

(l) Engineer-in-charge: The Engineer-in-charge means the Engineering Officer nominated by the BSNL to

supervise the work, under the contract. (Minimum DE level officer).

(m) Site Engineer: Site Engineer shall mean an SDE of the BSNL who may be placed by the GMTD as in-charge

of the work at site at any particular period of time.

(n) A/T Unit: A/T unit shall be mean Acceptance and Testing unit of the BSNL/BBNL.

(o) A/T Officer: An officer authorized by the BBNL/GMTD/T&D Circle as the case may be to conduct A/T.

(p) Contract: The term contract means, the documents forming the tender and acceptance thereof and the formal

agreement executed between the competent authority on behalf of the BSNL and the contractor, together with

the documents referred to therein including these conditions, the specifications, designs, drawings and

instructions issued from time to time, by the engineer-in-charge and all these documents taken together shall

be deemed to from one contract and shall be complementary to one another. In the contract, the following

expressions shall, unless the context otherwise requires, have the meanings, hereby respectively assigned to

them. The expression works or work shall unless there be something either in the subject or context repugnant

to such construction, be contracted to be executed whether temporary or permanent, and whether original,

altered, substituted or additional.

(q) Contractor: The contractor shall mean the individual, firm or company, whether incorporated or not,

undertaking the works and shall include the legal personal representative of such individual or the persons

composing such firm or company, or the successors of such firm or company and the permitted assignees of

such individual, firm or company.

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(r) Work: The expression “Works” shall unless there be something either in the subject or context repugnant to

such construction be construct and taken to mean the works by or by virtue of the contract contracted to be

executed whether temporary or permanent and whether original altered, substituted or additional.

(s) Schedule(s): Schedule(s) referred to in these conditions shall mean the relevant schedule(s) or the standard

schedule of rates mentioned in the document.

(t) Engineering Instructions (EI): is a document which specifies procedure and practices to be followed for

execution of this project. The specifications and processes defined shall form part of Technical Specifications

of this document.

(u) Site: The site shall mean the land / or other places on, into or through which work is to be executed under the

contract or any adjacent land, path or street through which, the work is to be executed under the contract or

any adjacent land, path or street which may be allotted or used for the purpose of carrying out the contract.

(v) Normal time or Stipulated time: Normal time or stipulated time means specified in the work order to

complete the work.

(w) Extension of Time: Extension of Time means the time granted by the BSNL to complete the work beyond the

normal time or stipulated time.

(x) Date of Commencement of Work: Date of commencement of work means the date of actual commencement

of work or 7th day from the date of issue of work order, whichever is earlier.

(y) Due date of completion: Due date of completion shall be the date by which the work shall be completed at

site including clearance of site.

(z) Duration of completion of work: The duration of completion of work or completion time shall be time

specified in the work order plus extension of time granted, if any.

(aa) Excepted risk: Excepted risk are risks due to war (whether declare or not), invasion, act of foreign enemies,

hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, any acts of BSNL damages

from aircraft, acts of God, such as earthquake, lightening and unprecedented floods and other causes over

which, the contractor has no control and the same having been accepted as such, by the Accepting Authority

or causes solely due to use or occupation by the BSNL of the part of the work, in respect of which a certificate

of completion has been issued.

2. Eligibility Conditions:

The invitation of bids is open to all contractors as per their eligibility criterion mentioned in DNIT of this tender

document. Kindly refer to clause 4 of Section – 1 Part A i.e. Detailed NIT.

3. Cost of Bidding: The bidders shall bear all costs associated with the preparation and submission of the bid. The

BSNL, will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding

process.

4. DOCUMENTS REQUIRED:

4.1 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid Documents

and clarifications/ amendments/ addenda, if any. Failure to furnish all information required as per the Bid

Documents or submission of the bids not substantially responsive to the Bid Documents in every respect

will be at the bidder's risk and may result in rejection of the bid.

4.2 BSNL will not publish the clarifications/ amendments/ addenda into the news papers. The prospective

bidders have to keep a close watch into our website for any such amendments/clarifications until the date

of submission of bid.

5. Queries on Bid Documents:

a) A prospective bidder, requiring any clarification of the bid documents shall notify the BSNL in writing or by

Fax at the BSNL’s mailing address indicated in the invitation for Bids. The BSNL shall respond in writing to

any request for clarification of the Bid documents, which it receives not later than 7 days prior to the date for

the opening of the bids.

b) All clarifications/updates/modifications/corrigendum issued by the BSNL will form part of the bid document

& shall amount to an amendment of the relevant clauses of the bid documents . No public notification will be

issued in news papers in this regard. Prospective bidders are requested to keep a watch on our circle website

for any clarifications/updates/modifications/corrigendum.

6. Amendment of Bid Documents:

a) The BSNL may, for any reason, whether at its own initiative or in response to a clarification requested by a

prospective bidder, may modify bid documents by amendments prior to the date of submission of Bids with

due notification to prospective bidders.

b) The amendments shall be notified in writing by fax or email or by addendum through e-tendering portal (for

tenders invited through e-tendering process) to all prospective bidders on the address intimated at the time of

purchase of the bid documents form the purchaser and these amendments will be binding on them.

c) In order to afford prospective bidders a reasonable time to take the amendment into account in preparing their

bids, the BSNL may, at its discretion, extend the deadline for the submission of bids suitably.

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7. DOCUMENTS COMPRISING THE BID:

The bid prepared by the bidder shall ensure availability of the following components:

(a) Documentary evidence establishing that the bidder is eligible to bid and is qualified to perform the

contract if its bid is accepted.

(b) Bid Security furnished in accordance with NIT.

(c) A Bid form and price schedule completed in accordance with clause 8 & 9.

8. BID FORM:

(a) The bidder shall complete the bid form and appropriate Price Schedule furnished in the Bid Documents,

indicating the goods to be supplied, brief description of the goods, quantity and prices as per section- 9.

9. Bid Prices:

a) The bidder shall give the total composite price inclusive of all levies and taxes, packing, forwarding, freight

and insurance in case of materials to be supplied and inclusive of all taxes and levies in case of works to be

executed. The contractor shall be responsible for transporting the materials, to be issued by the BSNL (at the

district telecom store) or otherwise to execute the work under the contract, to site at his/their own cost. The

costs of transportation are subsumed in the standard Schedule Rates and therefore no separate charges are

payable on this account. The offer shall be firm in Indian Rupees.

b) Prices shall be quoted by the bidder as percentage below / at par/ above of the schedule of rates given in

schedule of rates. Prices quoted at any other place shall not be considered.

c) The price quoted by the bidder shall remain fixed during the entire period of contract and shall not be subject

to variation on any account. A bid submitted with an adjustable price quotation will be treated as non-

responsive and rejected.

d) Discount, if any, offered by the bidders shall not be considered unless they are specifically indicated in the

schedule of rates (Financial Bid). Bidders desiring to offer discount shall therefore modify their offers suitably

while quoting and shall quote clearly net price taking all such factors like discount, free supply, etc. into

account.

10. DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICATION:

10.1. The bidder shall furnish, as part of the bid documents establishing the bidder's eligibility, all the documents as

specified in Section-1 Part A (DNIT) and Section-4 Part B (clause 1 and 2).

10 .2 The offered product has to be as per specifications. For this purpose, if the BSNL desires to verify he may ask

the supplier to submit a sample type for evaluation. The sample would be evaluated for its ability to meet the

technical specifications, reliability, testability, etc.

11. DOCUMENTS ESTABLISHING GOODS CONFORMITY TO BID DOCUMENTS:

11.1 Pursuant to clause 7, the bidder shall supply product that will conform to the specifications of Bid Documents.

11.2 The bidder shall note that the standards for the workmanship, material and equipment and reference to the

brand names or catalogue number, designated by the BSNL in its Technical specifications are intended to be

descriptive only and not restrictive.

12. Bid Security/EMD:

1) The bidder shall furnish, as part of his bid, a bid security (EMD) for an amount as mentioned in DNIT. No

interest shall be paid by the BSNL on the bid security for any period, what so ever.

2) The MSE bidders are exempted from payment of bid security:

a) A proof regarding valid registration with body specified by Ministry of Micro, Small & Medium

Enterprise for the tendered items will have to be attached along with the bid.

b) The enlistment certificate issued by MSME should be valid on the date of opening of tender.

c) MSE unit is required to submit its capacity of trenching / Pipe laying/Pulling OF Cable through duct.

d) If a vender registered with body specified by Ministry of Micro, Small & Medium Enterprise claiming

concessional benefits is awarded work by BSNL and subsequently fails to obey any of the contractual

obligations; he will be debarred from any further work/ contract by BSNL for one year from the date

of issue of such order.

3) The Bid security is required to protect the BSNL against the risk of bidders conduct, which would warrant

the security’s forfeiture, pursuant to para 12.8.

4) Bid security shall be submitted as defined in DNIT.

5) A bid not secured in accordance with para 12.1. & 12.3. shall be rejected by the BSNL as non responsive.

6) The bid security of the unsuccessful bidders will be refunded as promptly as possible as but not later than 30

days after the expiry of the period of bid validity prescribed by the BSNL.

7) The successful bidder’s bid security will compulsorily be converted to part performance security deposit.

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8) The bid security shall be forfeited: a. If a bidder withdraws his bid during the period of bid validity specified in the bid document. OR

b. If the bidder makes any modifications in the terms and conditions of the tender before acceptance of

the tender, which are not acceptable to the BSNL. OR

c. In case of a successful bidder, if the bidder fails:

a. To sign the agreement in accordance with clause 28, OR

b. To furnish Securities in accordance with clause 4 of Section V Part A.

13. PERIOD OF VALIDITY OF BIDS:

1) Bid shall remain valid for period specified in clause 2 of Tender Information. A bid valid for a shorter

period shall be rejected by the BSNL being non-responsive.

2) In exceptional circumstances, the BSNL may request the consent of the bidder for an extension to the period

of bid validity. The request and the response thereto shall be made in writing. The bid security provided

under clause 12 shall also be suitably extended. While BSNL can make the request for extension, the bidder

is free to either extend the validity or refuse the request to extend the validity. A bidder accepting the

request and granting extension will not be permitted to modify its bid.

14. FORMAT AND SIGNING OF BID:

1. The bidder shall submit his bid, through e-bidding portal only, complying all eligibility conditions, other

terms and conditions of tender document to be read along with the clarifications and amendments issued in

this respect. All the documents must be authenticated before scanning for upload to e-bidding portal, by hand

signatures, by the authorized person. The letter of authorization shall be indicated by written power-of-

attorney accompanying the bid.

2. Power of Attorney: (a) The power of Attorney should be submitted and executed on the non-judicial stamp paper of

appropriate value as prevailing in the concerned states(s) and the same be attested by a Notary public or

registered before Sub-registrar of the state(s) concerned.

(b) The power of Attorney be executed by a person who has been authorized by the Board of Directors of

the bidder in this regard, on behalf of the Company/ institution/ Body corporate.

(c) In case of the bidder being a Partnership Firm, the said Power of Attorney should be executed by all the

partner(s) in favour of the said Attorney.

(d) Attestation of the specimen signatures of such authorized signatory of the bid by the Company’s/ firm’s

bankers shall be furnished. Name, designation, Phone number, mobile number, email address and postal

address of the authorized signatory shall be provided.

15. SEALING AND MARKING OF BIDS:

1) The bidder needs to submit the following documents in the physical form:

i. DD/Bankers Cheque/BG/RTGS Receipt/NEFT Receipt against payment of tender fees as

mentioned in DNIT. Latest valid NSIC certificate if exempted.

ii. DD/Bankers Cheque/BG/RTGS Receipt/NEFT Receipt against EMD/Bid Security in original

as mentioned in DNIT. Latest valid NSIC certificate if exempted.

iii. Power of Attorney.

16. SUBMISSION OF BIDS: a) All the documents as mentioned in the clause no 15 above should be kept in an envelope and same should be

sent/deposited to:

The AGM (CFA)

O/o GMTD, BSNL, Almora,

Almora, Uttarakhand – 263601.

These documents must be reached to this office on or before the specified date & time indicated in

Clause 7 of Section-1 Part A i.e. DNIT.

b) Venue of Tender Opening:

a. Bid will be opened at the office of AGM(CFA), O/o GMTD, BSNL, Almora, Uttarakhand – 263601

on specified date and time indicated in clause number 8 of Section 1 Part A(DNIT).

c) The BSNL may, at its discretion, extend this deadline for the submission of bids by amending the Bid

Documents in accordance with clause 6 in which case all rights and obligations of the BSNL and bidders

previously subject to the deadline will thereafter be subjected to the extended deadline.

17. LATE BIDS:

17.1 No bid shall be accepted after the specified deadline for submission of bids prescribed by the BSNL.

18. MODIFICATION AND WITHDRAWAL OF BIDS:

18 .1 The bidder may modify, revise or withdraw his bid after submission prior to deadline prescribed for

submission of bid.

18.2 The bidder’s modification, revision or withdrawal shall have to be in writing.

18.3 Subject to clause 20, no bid shall be modified subsequent to the deadline for submission of bids.

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19. OPENING OF BIDS BY BSNL:

19.1 The BSNL shall open bids physically as well as electronically in the presence of the authorized

representatives of bidders physically present who chose to attend, at time & date specified in DNIT (Section-

1) on due date. The bidder's representatives, who are present, shall sign in an attendance register. Authority

letter to this effect shall be submitted by the authorized representatives of bidders before they are allowed to

participate in bid opening (A Format is given in enclosed in Section-6 Part A).

19.2 A maximum of two representatives of any bidder shall be authorized and permitted to attend the bid opening.

19.3 Name of envelope to be opened & information to be read out by Bid Opening Committee:

(i) As this is a e-bidding the bids will be opened in 3 stages i.e. the physically submitted documents and

electronically submitted techno-commercial bid shall be opened on the date of tender opening given in

NIT. The financial bid will not be opened on the date of opening of techno commercial bids in this case.

Thereafter the CET will evaluate Techno-commercial bids & the report of CET will be approved by

competent authority.

The financial bids of those bidders who are approved to be techno-commercially compliant by the

competent authority, will be opened electronically by TOC in front of techno commercially eligible

bidders/ authorized representatives by sending them a suitable notice.

(ii) The following information should be read out at the time of Techno-commercial bid opening:-

a) Name of the Bidder

b) Name of the item

c) EMD amount & validity and acceptability

d) Information in respect of eligibility of the bidder.

e) Details of bid modification/ withdrawal, if applicable.

(iii) The following information should be read out at the time of Financial bid opening:-

a) Name of the Bidder

b) Name of the item

c) Quantities/prices quoted in the bid

d) Any other information as decided by Chairman TOC

19.4 The date fixed for opening of bids, if subsequently declared as holiday by the BSNL, the revised date of

schedule will be notified. However, in absence of such notification, the bids will be opened on next working

day, time and venue remaining unaltered.

20. CLARIFICATION OF BIDS:

20.1 To assist in the examination, evaluation and comparison of bids, the BSNL may, at its discretion ask the

bidder for the clarification of its bid. The request for the clarification and the response shall be in writing.

However, no post bid clarification at the initiative of the bidder shall be entertained.

20.2 If any of the documents, required to be submitted along with the technical bid is found wanting, the offer is

liable to be rejected at that stage. However the BSNL at its discretion may call for any clarification regarding

the bid document within a stipulated time period. In case of non compliance to such queries, the bid will be

out rightly rejected without entertaining further correspondence in this regard.

21. PRELIMINARY EVALUATION 21.1 BSNL shall evaluate the bids to determine whether they are complete, whether any computational errors have

been made, whether required sureties have been furnished, whether the documents have been properly signed

and whether the bids are generally in order.

21.2 Arithmetical errors shall be rectified on the following basis. Based on the quoted percentage of duties and

taxes, Freight etc. the amounts quoted thereof shall be worked out and rounded off to 2 decimal points. If

there is a discrepancy between the unit price and total price that is obtained by multiplying the unit price and

quantity, the unit price shall prevail and the total price shall be corrected by the BSNL.

21.3 If there is a discrepancy between words and figures, the amount in words shall prevail. If the supplier does not

accept the correction of the errors, its bid shall be rejected.

21.4 Prior to the detailed evaluation pursuant to clause 22, the BSNL will determine the substantial responsiveness

of each bid to the Bid Document. For purposes of these clauses, a substantially responsive bid is one which

confirms to all the terms and conditions of the Bid Documents without material deviations. The BSNL's

determination of bid's responsiveness shall be based on the contents of the bid itself without recourse to

extrinsic evidence.

21.5 A bid, determined as substantially non-responsive will be rejected by the BSNL and shall not subsequent to

the bid opening be made responsive by the bidder by correction of the non-conformity.

21.6 The BSNL may waive any minor infirmity or non-conformity or irregularity in a bid which doesn't constitute

a material deviation, provided such waiver doesn't prejudice or affect the relative ranking of any bidder.

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22. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS: a) The BSNL shall evaluate in detail and compare the bids previously determined to be substantially responsive

pursuant to clause 21.

b) Evaluation shall be done based on total cost of project for the Block/Cluster/Clusters and not on individual

item wise prices. Techno Commercial responsive bidder with lowest quoted prices shall be placed at L-1

rank, followed by other bidders based on their price quotations in ascending order.

c) In case there is a tie between rates quoted by bidders, L-1 bidder will be decided on the basis of higher

turnover according to aggregated sum of previous three financial years.

d) The evaluation and comparison of responsive bids shall be done on the basis of rates quoted in the financial

bid inclusive of Duties and taxes (but excluding CENVAT-able Duties & Taxes), Sales Tax, Packing,

Forwarding, Freight and Insurance charges etc. as arrived in the Section-.9 Part B of the Bid-document after

arithmetical correction.

e) As stipulated in clause 9.a., Octroi/ Entry Taxes are not to be included in the composite price and hence the

same will not be considered for the purpose of evaluation and comparison of responsive bids. However,

Octroi/Entry Taxes will be paid extra as per actual wherever applicable on production of proof of

payment/relevant invoices/documents.

f) Duties & Taxes for which the firm has to furnish Cenvatable Challans/ Invoices will be indicated separately

in the PO/APO.

g) Vendors should furnish the correct E.D./Customs tariff Head in the price Schedule. If the credit for the Duties

and Taxes under CENVAT Credit Rules, 2004 is found to be not admissible at any stage subsequently owing

to wrong furnishing of Tariff Head, then the vendors will be liable to refund such non-admissible amount, if

already paid, along with penalty if charged by the concerned authority.

h) In case the Duties & Taxes which are non CENVAT-able as per the quotes indicated in the price schedule by

the vendors and subsequently at any stage it is found that Credit for such Duties & Taxes is admissible as per

CENVAT Credit Rules, 2004, then the vendors will be liable to refund the amount equivalent to such Duties

& Taxes if already paid to them. However, the BSNL may allow the supplier to submit necessary documents

in this regard which may enable the BSNL to avail the CENVAT credit provided such credit is still available

for the amount so paid as per CENVAT Credit Rules 2004.

i) The BSNL reserves the right to ask the bidders to submit documentary proof confirming the correct Tariff

Head from the E.D./Customs authority where the Tariff Head furnished against the particular tendered item

by different bidders differs from each other or the same is found apparently not furnished in accordance with

E.D./ Customs Tariff notifications.

j) “If the supplier fails to furnish necessary supporting documents i.e. Excise/ Customs invoices etc. in respect

of the Duties/taxes which are Cenvatable, the amount pertaining to such Duties/ Taxes will be deducted from

the payment due to the firm.”

23. CONTACTING THE BSNL:

23.1 Subject to Clause 5 and 20 of this section, no bidder shall try to influence the BSNL on any matter relating to

its bid, from the time of the bid opening till the time the contract is awarded.

23.2 Any effort by a bidder to modify its bid or influence the BSNL in the BSNL's bid evaluation, bid comparison

or contract award decision shall result in the rejection of the bid.

24. PLACEMENT OF ORDER:

24.1. The BSNL shall consider placement of orders for execution of the work only on those eligible bidder whose

offers have been found technically, commercially and financially acceptable. The BSNL reserves the right to

counter offer price(s) against price(s) quoted by any bidder.

24.2 The ordering price of any bidder shall not exceed the lowest evaluated package price.

24.3. The BSNL reserves the right for the placement of order of entire tendered quantity on the bidder with the

lowest evaluated price.

25. BSNL'S RIGHT TO VARY QUANTITIES:

1. BSNL reserves the right to increase or decrease up to 25% of the quantity of goods and services specified

in the schedule of requirements without any change in the unit price or other terms and conditions at the

time of award of contract.

2. BSNL also reserves right for placement of additional order or up to 50% of the additional quantities of

goods & services contained in the running tender/ contract within a period of twelve months from the date

of acceptance of first PO in Tender at the same rate or a rate negotiated (downwardly) with the existing

venders considering the reasonability of rates based on prevailing market conditions and the impact of

reduction in duties and taxes etc and supplies to be obtained within delivery period scheduled afresh.

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3. In exceptional situation where the requirement is of an emergent nature and it is necessary to ensure

continued supplies from the existing venders, the BSNL reserves the right to place repeat order up to

100% of the quantities of goods and services contained in the running tender /contract within a period of

twelve months from the date of acceptance of PO in the tender at the same rate or a rate negotiated

(downwardly) with the existing venders considering the reasonability of rates based on prevailing market

conditions and the impact of reduction in duties and taxes etc. Exceptional situation and emergent nature

should be spelt out clearly detailing the justification as well as benefits accrued out of it and loss incurred

in case this provision is not invoked and approved by the authority competent to accord administrative and

financial approval for the procurement calculated on the basis of total procurement i.e. initial and

proposed add-on quantity.

26. BSNL'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS:

The BSNL reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at

any time prior to award of contract without assigning any reason whatsoever and without thereby incurring

any liability to the affected bidder or bidders on the grounds of BSNL’s action.

27. ISSUE OF LETTER OF INTENT/ AWARD OF CONTRACT:

1) The issue of letter of intent shall constitute the intension of the BSNL to enter in to the contract with

the bidder. Letter of intent will be the issued as offer to the successful bidder.

2) The bidder shall within 14 days of issue of letter of intent, give his acceptance, Performance Security

Deposit along with Material security in conformity with clause 4 section 5 Part A, provided with the

bid documents.

28. SIGNING OF CONTRACT AGREEMENT:

a. The signing of agreement shall constitute the award of contract on the bidder. The agreement with the

successful bidder shall be signed by the BSNL within a week of submission of material security as per

clause 27. b above.

b. As soon as the tender is approved by the competent authority, the Bid Security deposited by the

successful bidder shall be compulsorily converted in to the Performance Security Deposit, which will

be held by the BSNL till the completion of warranty period.

29. ANNULMENT OF AWARD:

Failure of the successful bidder to comply with the requirement of clause 27 & 28 shall constitute sufficient

ground for the annulment of the award and the forfeiture of the bid security in which event the BSNL may

make the award to any other bidder at the discretion of the BSNL or call for new bids.

30. QUALITY ASSURANCE REQUIREMENTS:

The supplier shall have Quality Management System supported and evidenced by the following:

a) A Quality Policy.

b) A quality plan for the product.

c) Periodical internal quality audits.

31. REJECTION OF BIDS:

31.1 While all the conditions specified in the Bid documents are critical and are to be complied, special attention of

bidder is invited to the following clauses of the bid documents. Non-compliance of any one of these shall

result in outright rejection of the bid.

a) Clauses 12.1, 12.2 & 13.1 of Section- 4 Part A: The bids will be rejected at opening stage if Bid

security is not submitted as per Clauses 12.1 & 12.2 and bid validity is less than the period prescribed in

Clause 13.1 mentioned above.

b) Clause 2 & 10 of Section-4 Part A: If the eligibility condition as per clause 2 of Section 4 Part A is

not met and/ or documents prescribed to establish the eligibility as per Clause 10 of section 4 Part A are

not enclosed, the bids will be rejected without further evaluation.

c) Section-9 Price Schedule: Prices are not filled in as prescribed in price schedule.

e) Section-4 Part A clause 9.d on discount which is reproduced below:-

"Discount, if any, offered by the bidder shall not be considered unless specifically indicated in the price

schedule. Bidders desiring to offer discount shall therefore modify their offer suitably while quoting

and shall quote clearly net price taking all such factors like Discount, free supply etc. into account".

31.2 Before outright rejection of the Bid by Bid-opening team for non-compliance of any of the provisions

mentioned in clause 31.1(a), 31.1(b) of Section-4 Part A, the bidder company may be given opportunity to

explain their position, however if the person representing the company is not satisfied with the decision of the

Bid opening team, he/they can submit the representation to the Bid opening team immediately but in no case

after closing of the tender process with full justification quoting specifically the violation of tender condition

if any.

31.3 Bid opening team will not return the bids submitted by the bidders on the date of tender opening even if it is

liable for rejection and will preserve the bids in sealed cover as submitted by taking the signatures of some of

the desirous representatives of the participating bidder/companies present on the occasion.

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31.4 The in-charge of Bid opening team will mention the number of bids with the name of the company found

unsuitable for further processing on the date of tender opening and number of representations received in Bid

opening Minutes and if Bid opening team is satisfied with the argument of the bidder/company mentioned in

their representation and feel that there is prima-facie fact for consideration, the in-charge of the bid opening

team will submit the case for review to Officer competent to approve the tender as early as possible preferably

on next working day and decision to this effect should be communicated to the bidder company within a week

positively. Bids found liable for rejection and kept preserved on the date of tender opening will be returned to

the bidders after issue of P.O. against the instant tender.

31.5 If the reviewing officer finds it fit to open the bid of the petitioner, this should be done by giving three

(working) days notice to all the participating bidders to give opportunity to participants desirous to be present

on the occasion.

32. BSNL’s right to disqualify:

BSNL reserves the right to disqualify the bidder for a suitable period (not less than one year & not more than 2

years) who habitually failed to ‘supply the material/equipment’ or execute the assigned work in time. Further,

the suppliers/service provider whose equipment/service does not perform satisfactory in the field in

accordance with the specifications may also be disqualified for a suitable period (not less than one year & not

more than 2 years) as decided by the BSNL.

33. BSNL’S RIGHT TO BAN BUSINESS DEALINGS:

BSNL reserves the right to bar the bidder from participating in future tenders/EOIs/ RFPs of BSNL for a

period of two years in case he fails to honor its bid without sufficient grounds.

34. NEAR-RELATIONSHIP CERTIFICATE:

34.1. The bidder should give a certificate that none of his/ her near relative, as defined below, is working in the

units where he is going to apply for the tender. In case of proprietorship firm certificate will be given by the

proprietor. For partnership firm certificate will be given by all the partners and in case of limited company by

all the Directors of the company excluding Government of India/ Financial institution nominees and

independent non-official part time Directors appointed by Govt. of India or the Governor of the state and full

time Directors of PSUs both state and central. Due to any breach of these conditions by the company or firm

or any other person the tender will be cancelled and Bid Security will be forfeited at any stage whenever it is

noticed and BSNL will not pay any damage to the company or firm or the concerned person.

34.2. The Company or firm or the person will also be debarred for further participation in the concerned unit.

34.3 The near relatives for this purpose are defined as:-

(a) Members of a Hindu undivided family.

(b) They are husband and wife.

(c) The one is related to the other in the manner as father, mother, son(s) & Son's wife (daughter in law),

Daughter(s) and daughter's husband (son in law), brother(s) and brother's wife, sister(s) and sister's

husband (brother in law).

34.4. The format of the certificate is given in Section 6(B).

35. VERIFICATION OF DOCUMENTS AND CERTIFICATES:

The bidder will verify the genuineness and correctness of all documents and certificates, including

experience/performance certificates, issued either by the bidder or any other firm / associate before submitting

them in the bid. The onus of proving genuineness of the submitted documents would rest with the bidder.

As per requirement of the tender’s conditions, if any document / paper / certificate submitted by the

participant bidder is found to be false / fabricated / tempered / manipulated at any stage during bid evaluation

or award of contract, then the bid security of the bidder would be forfeited and the bidder would be

disqualified from the tender. Action would also be taken for banning of business dealing with the defaulting

firm. In case contract has already awarded to the bidder, then bid security would be forfeited and the contract

would be rescind / annulled and BSNL would be at liberty to procure the ordered goods and services from any

other source at the risk and cost of the defaulting bidder. Action would also be taken for banning business

dealing with the defaulting firm.

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SECTION-4 Part B

Bharat Sanchar Nigam Limited

(A Govt. of India Enterprises) Office of the General Manager Telecom District, Almora (Uttrakhand)

Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017

SPECIAL INSTRUCTIONS TO BIDDERS

The Special Instructions to Bidders shall supplement the 'Instructions to Bidders' and in case of any conflict

with those in Section-4 Part A i.e. GENERAL INSTRUCTIONS TO BIDDERS (GIB), the provisions herein

shall prevail.

1. Eligibility Conditions: a. Eligibility conditions are detailed in Clause number 4 of Section -1 Part A (DNIT).

2. Bid Security:

a. The DD for bid security or Micro & Small Enterprise (MSE) registration certificate with NSIC for

claiming exemption from submission of bid security, as prescribed in NIT should be submitted along with

the documents establishing the eligibility.

b. Latest and valid NSIC Certificate duly certified by NSIC (applicable for NSIC Companies only).

c. The bank guarantee submitted against Bid Security/EMD shall be as per the format given in SECTION-7

Part-A on prescribed judicial paper with stamps of proper value and should contain full address of the

issuing branch of the bank with its telephone number and FAX number. This cover should be super-

scribed as "BID SECURITY”.

d. If a bidder registered is with NSIC under single point registration scheme claiming concessional benefits

is awarded work by BSNL and subsequently fails to obey any of the contractual obligation, he will be

debarred from any further work/ contract by BSNL minimum for one year from the date of issue of such

order.

3. Disposal of Empty Cable Drums:

a. The contractor shall be responsible to dispose off empty cable drums after laying of the cable. The

competent authority taking in to account the prevailing market rates has fixed the cost of Optical Fiber

Cable drums. The cost of empty cable drums shall be deducted from the bill for the work on which the

cable along with the drum has been issued or any other amount due to the contractor or from security

deposit.

b. Rates fixed for Optical Fiber Cable drums are given in Tender Document (Qualifying Bid). The rates are

fixed and there is no percentage above or below applicable on these rates.

c. The contractor shall be responsible for the accounting of the cable drums issued and shall mention the

number cable drums in the bill so that the amount is deducted from the bills due.

d. The contractor shall not be allowed to dump the empty cable drums in Govt. / public place, which may

cause inconvenience to Govt./ Public. If the contractor does not dispose off the empty cable drums with in

3 days of becoming empty, the BSNL is at liberty to dispose off the drum in any manner deemed fit and

also recover the amount fixed in this contract for empty cable drums along with the transportation charges

(to be decided by the GMTD Almora) from the bill / security deposit / any other amount due to the

contractor.

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4. Preparation of As Build Diagrams (ABD) -

AS BUILT DRAWING (ABD) FOR INCREMENTAL OFCABLE ROUTE FOR NOFN PROJECT

State : ___________________________________

District : ___________________________________

Block : ___________________________________

Block Code : ___________________________________

Start Date :____________________________

Completion Date :____________________________

OF Cable Make & Size :____________________________ EXECUTING AGENCY

BHARAT SANCHAR NIGAM LIMITED

Unit :……..…….…………………………………………………………

Contractor Name & Address:…………..………………………………………………………….

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ITEMS SYMBOL

Existing Cable

Incremental OFC 24F

Centre of the Road/Lane

Splitter 1:8 or 1:4 or 1:2

Gram Panchayat

Route Indicator

Branch Joint Closure(BJC)

Straight Joint Closure(SJC)

Man Hole

Railway lines

RCC / Brick Joint Chamber

GI pipe

GI pipe(with CC / RCC / Wire mesh + CC)

DWC / RCC Half Round

DWC / RCC Full Round

Culvert/Bridge

LEGEND

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ITEMS SYMBOL

Temple/worship Place

School

College

Hospital

Industry

Petrol Pump

Police Station

Railway Station

Bus Stand

Post Office

Hotel/Dhaba

Shop

House/Building

Electric Transformer/Station

Boundary Wall

Electric Pole

Lamp Pole

Telephone Pole

Symbols used for Various Landmarks

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5. Videography of cable laying route –

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SECTION-4 Part C

Bharat Sanchar Nigam Limited

(A Govt. of India Enterprises) Office of the General Manager Telecom District, Almora

Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017

E-bidding Instructions to Bidders 1. General:

a. These E-tendering instructions supplement ‘Instructions to bidders’ as enclosed in Section-4 Part-A of the

tender document.

b. Submission of bids only through online process is mandatory for this tender.

2. The bidders intending to participate in e-bidding process shall have obtained individual Digital Signing Certificate

(DSC) well in advance.

3. The bidders intending to participate in e-bidding process shall have to register with BSNL authorized e-Tendering

agency namely M/s ITI Limited through their website www.tenderwizard.com and selecting BSNL from their

home page.

4. Bidder shall have to pay Rs 3500 plus service tax through electronic transfer as one time annual registration fee

for participating any e-bid published by BSNL through ITI.

5. On registration with ITI bidder shall be provided access to ITI e-Tender web portal for accessing and down

loading and uploading bid document. It may please be noted that bidder can access and down load bid document

but cannot participate in tendering process without registering themselves with ITI e-tender portal.

6. For participating in e-Tendering process bidder shall access e-tender document uploaded on the portal and pay

requisite tender processing fee as defined for each tender as designated window in the portal. Normally e-tender

processing fee is 0.05% of estimated cost of each Block/Cluster in tender subject to minimum Rs 500 and

maximum Rs 5000 plus service tax (as applicable).

7. SUBMISSION OF E-BID DOCUMENT:-

(i) The bidder shall be required to fill information and other details as defined in Technical Eligibility Sheet.

(ii) The bidder shall also be required to pay cost of bid document and bid security as defined in NIT. The details

of payment particulars are to be filled in the prescribed format given in the bid document and made accessible

to bidder as basic information sheet in the web portal. In case payment of bid cost and EMD are made through

BG/DD, original copies of the payment particular as mentioned in basic information sheet shall have to be

submitted to of AGM (CFA) O/o GMTD, Almora, Uttarakhand on or before defined date in NIT. Bids

without submission of original copies of payment details up to prescribed dates, shall be rejected summarily.

(iii) The bidder shall be required to upload scanned copies of eligibility documents as defined in clause number 4

of Section-1 part-A (DNIT) of bid document and shall also be required to furnish basic information of their

mandatory documents in the electronic sheet mentioned above and defined at web portal.

(iv) Besides online submission of documents, bidders should also submit copies of all mandatory documents

physically to AGM (CFA), O/o GMTD, BSNL, Almora, Uttarakhand, on or before defined date in NIT.

However in this case BSNL shall accept only those mandatory documents for which information had

been provided in Technical Eligibility Sheet available at web portal.

(v) Basic Information sheet and Technical Eligibility Sheet shall be part of Technical bid document and shall be

uploaded along with Technical bid and eligibility documents.

(vi) Price/financial bid shall be uploaded separately in respective link only and bidder shall be required to upload

required information in electronic form only. No hard copy of price bid shall be uploaded in

mandatory/general document. No hard copy of price bid is required to be submitted to BSNL office.

8. Submit your bids well in advance of tender submission deadline on ETS as there could be last minute problems

due to internet timeout, breakdown, etc.

9. Minimum Requirements at Bidders end:-

a. Computer System with good configuration (Min P IV, 1 GB RAM, Windows XP)

b. Broadband connectivity.

c. Microsoft Internet Explorer 6.0 or above

d. Digital Signing Certificate(s) for users.

10. The details for making payment through RTGS/NEFT is as below:

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Company Name BHARAT SANCHAR NIGAM LIMITED

Bank Account Holder Name Accounts Officer (CASH) BSNL

Company Address O/o General Manager Telecom Almora 263601

City Almora

State Uttarakhand

Company Bank Name PUNJAB NATIONAL BANK

Company Bank Branch Main Branch Almora

Company Bank Code 024

Account Number 0962002100010889

Bank Account Type Current (Collection Account)

Bank IFSC Code PUNB0096200

Bank MICR Code 000024000

Bank Phone No 05962-230040

Bank Officer Name Shri Jamuna Dutt

Service Tax Registration No AABCB5576GST365

TAN MRTB01031C

11. Contact details of E-tendering Partner:

All the queries related to E-biding process and issue of passwords may directly be addressed to BSNL’s E-bidding

partner M/S ITI Limited through their E-tendering web portal. Address of the portal is given here for easy access

https://www.tenderwizard.com/ROOTAPP/build.jsp?htmName=contactus&company=BSNL. If you need any

further assistance please feel free to call on AGM(CFA) or SDE(Planning), O/o GMTD, BSNL Almora on

telephone number 05962-232000 or 05962-236199 during 11:00 Hrs to 16:00 Hrs of any working day. Some of

the contact details of our E-bidding partner are given below:

Sl

No

PARTICULARS CONTACT

PERSON

CONTACT

NUMBER

EMAIL ID

1 e-Tendering

Registration Queries

Registration

Helpdesk

011-49424365 [email protected]

2 e-Tendering Process

Queries

Help Desk 011-49424365 [email protected]

3 For Digital Signature Ashok Kumar 011-49424365 [email protected]

4 For Business Enquiries Prabhudev BJ 011-49424322 [email protected]

5 e-Tendering Process

Queries – Himachal

Pradesh

Help Desk 0172-3953753 [email protected]

6 e-Tendering Process

Queries – Punjab

Help Desk 0172-3953753 [email protected]

7 e-Tendering Process

Queries – Haryana

Help Desk 0172-3953753 [email protected]

Postal Address of E-bidding Partner:

1 Tender Wizard Helpdesk

B-1/5A, 2 nd Floor, Main Nazafgarh Road

Near Janakpuri Metro Station(East)

Janakpuri , New Delhi-110058

Fax No: 91-11-46061763, Ph No: 011-49424365

2 Tenderwizard Help Desk Centre

# 24, 1st Floor, Sudha Complex

Near Havanoor Circle, 3rd Stage, 4th Block/Cluster, Basaveshwaranagar

Bangalore - 560 079

Ph:91-80-40482000, Telefax: 91-80-40482114, Email: [email protected]

3 Shri Rajesh Kumar

Manager-(BD), ITI Limited

Plot No. 495-496,Main Madhuban Road

Near Ambedkar Polytechnic College, Ganesh Nagar II Extn Shakarpur,

New Delhi-110092

Tele-Fax:011-22023084, Mobile: 09668123587, E-Mail:[email protected], [email protected]

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SECTION-5 Part A

Bharat Sanchar Nigam Limited

(A Govt. of India Enterprises)

Office of the General Manager Telecom District, Almora

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

1. APPLICATION: The General condition shall apply in contracts made by the BSNL for the execution of OF

Cable construction works.

2. STANDARDS: The works to be executed under the contract shall confirm to the standards prescribed in the OF

Cable construction practices.

3. INDEMINIFICATION:

a. The Contractor/supplier shall indemnify the BSNL against all third-party claims of infringement of patent,

trademark or industrial design rights arising from use of the goods or any part thereof in Indian Telecom

Network.

b. The Contractor agrees to protect, defend, indemnify and hold harmless BSNL and its employees, officers,

directors, agents or representatives from and against any and all liabilities, damages, fines, penalties and costs

(including legal costs and disbursements) arising from or relating to:

a) Any breach of any statute, regulation, direction, orders or standards from any governmental body,

agency, telecommunications operator or regulator applicable to such party; or

b) Any breach of the terms and conditions in this agreement by Contractor This clause shall

survive even on the termination or expiry of this agreement.

4. SECURITY:

i) Material Security:

a. The successful tenderer will have to deposit material security as mentioned in the scope of work, subject

to a minimum of Rs. One Lakh only, in the form of bank guarantee (valid up to and including six months

after, the period of the contract) from a schedule bank and in the material security bond form provided in

the bid document, section–7 Part C. Material security can also be submitted in the form of crossed

Demand Draft drawn in favour of Accounts Officer (Cash), O/o GMTD, Almora, issued by a

Nationalized/schedule bank other than cooperative bank and payable at Almora. The material security will

be a non-interest bearing deposit, for any period what so ever.

b. The contractor at any point of time will not be issued stores costing more than material security. If due to

any reason more than store has to be issued to the contractor, then the material security will be suitable

enhanced. In this regard the decision of the (the SSA Head) shall be final binding.

c. The proceeds of the material security shall be payable to the BSNL as a compensation for any loss

resulting from the contractor’s failure to handle properly the material issued to him under the contact.

d. The material security shall be released/refunded within a fortnight from the date of the payment of the last

final bill of the work under the contract or final settlement of material account whichever is later on

production of “No dues certificate” from “DE Incharge”.

ii) PERFORMANCE SECURITY :

a. Already submitted 2.5% EMD will be converted into performance security. The MSE exempted from the

submission of EMD has to submit 2.5% of estimated cost as performance security. Rest 7.5% of the

performance security will be deducted as per clause no. 4 (ii)(b).

b. In addition to the sum already deposited as performance security deposit (due to conversion of Bid

security and cash/DD deposited), an amount of the tune of 7.5% of the running bills / final bill will be

deducted at time of payment of any running bills / final bill..

c. The proceeds of the performance security shall be payable to the BSNL as compensation for any loss

resulting for the contractor’s failure to complete its obligations under the contract.

d. The performance security deposit shall be refunded after expiry of warranty period of last work executed

provided there are no recoveries to be made arising out of poor quality of work, incomplete work and/or

violation of any terms and conditions of the contract as stipulated in the bid document.

e. No interest will be paid to the contractor on the security deposit.

f. In the event of security being insufficient or if the security has been wholly forfeited the balance of the

total sum recoverable as the case may be, shall be deducted from any sum then or which at any time there

after become due to the contractors under this or any other contract with the General Manager Telecom

District should that sum also be not sufficient to cover the full amount recoverable the contractors shall

pay to the General Manager Telecom District on demand the remaining balance due.

g. Whenever the security deposit falls short of the specified amount the contractors will make good the

deficit so that the total amount of security deposit shall not at any time be less than the specified amount.

h. Security deposit will not bear any interest while in custody of BSNL for any period whatsoever.

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i. Security deposit tendered in any form shall be liable for appropriation /adjustment against any liquidated

damages for delayed execution of work or against carry forward loss to the BSNL to which the contractor

does not meet otherwise. If the contractor fails or neglects to perform any of his obligation under the

contract, it shall be lawful for BSNL to forfeit either whole or any part of the security deposit furnished by

the contractor which does not amount to imposing of penalty after issuing a "SHOW CAUSE NOTICE"

which will be duly examined for final decision by the competent authority and the decision conveyed to

the tenderer in writing. The amount of S.D. deposited shall stand forfeited if contractor fails to make the

agreement and start the work in stipulated time with required speed and quality.

j. If the contractor duly performs and completes the contracts in all respect the BSNL shall refund the

security deposit to the contractor after deducting all costs and other expenses that the BSNL may have

incurred for making good any loss due to any action attributable to the contractor which the BSNL is

entitle to recover from the contractor.

k. Unclaimed Security Deposit: Security deposit(s) that is due for refund to the contractor/supplier and

remain unclaimed for three years its/their refund become(s) admissible (For instance, after the contractor/

supplier fulfills his contract) shall be dealt with in accordance with the provisions contained in the rules of

the Bharat Sanchar Nigam Limited.

l. The "Bank Guarantee" is an "autonomous" contract and imposes an "absolute obligation" on the bank in

its terms. As such the existence of dispute between the parties under this contract or a possibility of a

reference of any dispute arising out of this contract to arbitration or of tendency of proceedings on such a

reference. The concerned Bank bound to pay without demur irrespective of the tendency of any arbitration

proceedings or the imminence of any reference to arbitration of the dispute between the parties to his

contract arising out of this primary contract between the concerned parties.

m. The Security Deposit will be refunded after completion of six months of warranty period and after

receiving of satisfactory report from each field unit.

5. Measurement, Inspection, Testing, Acceptance Testing and Audit/Technical Examination:

5.1 Measurement:

5.1.1 The measurement books are to be maintained by the SDE Incharge of the work or his immediate engineering

subordinate not below the rank of Junior Telecom Officer. The entry shall be made in ink. No entry shall be

erased. If a mistake is made, it should be corrected by crossing out the incorrect words or figures and inserting

the corrections, the corrections thus made shall be initialed & dated by the officer concerned.

5.1.2 Responsibility of taking and recording measurements: The measurement of various items of work shall be

taken and recorded in the measurement book issued with each work order. The measurement shall be taken

and recorded by an officer not below the rank of Junior Telecom Officer, supervising the work. The Junior

Telecom Officer / Sub Divisional Engineer, directly responsible for supervision of work, shall be responsible

for accuracy of 100% of measurements. The Sub Divisional Engineer where Junior Telecom Officer is

supervising officer shall be responsible for conducting test check of 50% of measurements. The Divisional

Engineer shall be responsible for conducting test check of 10% of measurements.

5.1.3 Method of recording of nomenclature of items: Complete nomenclature of items, as given in the agreement

need not be reproduced in the measurement book for recording the measurements but corresponding item code

as provided, shall be used.

5.1.4 (a). Measurement will contain the GPS (Global Position System) for data coordinates at each 100 meter of

route and the same will be mentioned on measurement book.

(b). Method of Measurements: The measurements of the work shall be done for activity-wise as and when

the item of work is ready for measurement. The methods of measurement of various items are enumerated as

under:

Measurement of depth of trenches:

The cable routes of one work order shall be divided into a number of segments each of maximum 200

meters length bounded by identifiable landmarks at both the ends of the segments. If landmarks are

not available, length shall be recorded at each point of measurement (POM) in the measurement book in

meters in the multiples of 5 cms. For example 97 cms will recorded as 95 cms and 103 cms as 105 cms.

The points of measurements shall be at a distance of 10 meters starting from 0 (zero) meter. For example,

if the length of segment is 75 meters, the POMs shall be at 0 m, 10 M, 20 M, 30 M, 40 M, 50 M, 60 M, 70

M. The last POM shall be at 75th M to be recorded against Residual POM.

The efforts required to excavate trenches is not proportionate especially with reference to depth. Therefore,

normally the workers tend to dig shallow trenches. As standard depth of the trench is important for future

life and protection of cables, this tendency has to be discouraged.

The proportionate rates will be paid for depth less than standard prescribed subject to relaxation

granted by the competent authority failing which, penalty will be imposed for lesser depth in

addition to proportionate reduction of rates up to nominal depth prescribed in SOR. For any

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relaxation on depth shall be governed as laid down norms & procedures being followed in BSNL

Construction Procedure “E.Is.” issued by the T&D Circle of BSNL.

In order to encourage the contractor to achieve best possible depth in the face of site constraints, the

following scale of payment shall be applied for digging trenches of lesser depths, subject to condition that

relaxation has been granted by the competent authority for lesser depths:

1. SOIL-- Non Rocky (Kachha/non rocky) Soil: DEPTH OF TRENCH = 165 Cms

Depth between Reduction in rate <165 Cms. to >= 150 Cms. 5% of approved rates <150 Cms. to >= 120 Cms. 15% of approved rates <120 Cms. to >= 90 Cms. 35% of approved rates

Below 90 cms. 40% of approved rates

2. Soft Rock : Depth of nominal Trench = 105 Cms Depth between Reduction in rate

<105 Cms. to >= 85 Cms. 5% of approved rates <85 Cms. to >= 70 Cms. 15% of approved rates <70 Cms. To >= 50Cms. 30% of approved rates

Below 50 Cms. 40% of approved rates

3. Hard Rock: Depth of nominal Trench = 65 Cms Depth between Reduction in rate

<60 Cms. to>= 55 Cms. 5% of approved rates <55 Cms. to >= 40 Cms. 30% of approved rates

a) The payment for subnormal depth will be calculated as per formula given below:-

P= (100- ROR) x RA x D/ ND

where:

P = Payment for one meter

ROR = Reduction in rate in % as given above

RA = Approved rate of trenching per meter

D = Actual depth in cm.

ND = Nominal depth of trench 165/105/65 cm for which the tender has been floated. Rate for

these nominal depth is calculated on prorata basis.

Categorization of Soil Strata

Non Rocky Soil:- This will include all types of soils- soft soil/hard soil/murrum, i.e. any strata, such as sand,

gravel, loam, day, mud, black cotton murrum, shingle, river or nallah bed boulders, soling of roads, paths etc.

and hard core, macadam surface of any description (water abound, grouted tarmac etc.), lime concrete, mud

concrete and their mixtures for excavation of which need application of picks, shovels, sacrifiers, ripper and

other manual digging implements.

Rocky Soft Rock: - Generally any rock which can be excavated by splitting with crow bars or picks and does

not require blasting, wedging or similar means for excavation such as lime stone, sand stone, hard laterite,

hard conglomerate. The un-reinforced cement concrete roads as well as other type of roads (except RCC) are

also included under this category. If required light blasting may be resorted to for loosening the materials but

this will not in any way entitle the strata to be classified as Hard Rock.

Rocky Hard Rock: - Generally any rock or boulder for the excavation of which blasting is required such as

quartzite, basalt, reinforced cement concrete (reinforcement to be cut through but not separated from concrete

and the like.

Relaxation in Depth: The Engineer-in-charge shall forward the request to the competent authority (an officer of the rank of JAG

level in-charge of cable construction work) with his detailed report about the reasons for lesser depth, in

that case the rates will be calculated on proportionate basis.

Measurement of lengths and profiles of strata and protection:

The measurements of length of trenches are on running meter basis, irrespective of type soil encountered

while digging. The type of protection provided (item code-wise) in a segment shall be recorded in the

measurement book in the sheet provided for this purpose.

Measurement of length of cable:

The length of cables laid in trenches, through pipes and through ducts shall be measured by use of RODO

Meter / Measuring Tape. The length should be cross verified with the marking of lengths on the cables.

The lengths shall be recorded in sheet provided in the measurement book.

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Measurement of other items:

The measurement / numerical details of other items shall be recorded in the sheets provided for respective

items viz.

Digging of joint pit and preparation of joint chamber along with its type I.e. Brick chamber or Pre

Cast RCC type/

Fixing, Painting and Sign writing of Route/ joint indicators.

Termination of Cable in equipment room and no. of joints.

5.1.5 The contractor shall sign all the measurement recorded in the measurement book. This will be considered as

an acceptance by the contractor, of measurements recorded in the MB. In case contractors fails to attend at the

measurements or fails to countersign or to record the difference within a week, than in any such events the

measurements taken by Engineer-in-charge or by the subordinate as the case may be shall be final and binding

on the contract0or and the contractor shall have no right to dispute the same.

5.1.6 The Divisional Engineer before passing the bill for sections covered by each set of measurement may carry

out test check by re-opening trench at as many locations as necessary as specified in document ‘procedures for

underground cable construction’ and bills will be passed only when he is personally satisfied of the

correctness of entries in the “Measurement Book” and also when he is satisfied of other aspects of the work as

per the terms of the contract. The contractor shall provide the necessary assistance of labour for re-opening of

trench for test check by the Divisional Engineer. Separate payment shall not be made to the contractor for

excavation of such test checks; however such test pits shall not be more than 10% of the cable laying work.

5.1.7 Measurement of the work of cable pulling through pipe/duct will be taken equal to the length of the pipe / duct

through which the cable has been pulled and not the total length of the cable pulled through pipe / duct.

5.2 Inspection, and Quality Control:

5.2.1 The Quality of Works: The importance of quality of Optical Fibre Cable Construction works cannot be over-

emphasized. The quality and availability of long distance media and efficiency of the reliable media

connectivity to exchanges depends upon quality of laying of Optical Fibre Cable. Further, the OF Cables are

vulnerable to damages due to work of other agencies.

5.2.2 The quality of O.F. cable Plant depends upon the quality of individual items of work involved viz Depth of

Cables laid, care while paying & laying, Protection, Jointing of Cables and Terminations in equipment room

and at last but not the least on documentation of cable network. In order to ensure quality in Cable

Construction work, each component of work needs attention. The works shall be carried out strictly in

accordance with specifications laid down to achieve the requisite quality aim.

5.2.3 It is imperative that the contractor(s) is / are fully conversant with the construction practices and shall be fully

equipped to carry out the work in accordance with the specifications. The contractors are expected and bound

to ensure quality in construction works in accordance with specifications laid down. The contractor shall

engage adequate and experienced supervisors to ensure that works are carried out as per specifications and

with due diligence and in a professional manner. The contractors shall satisfy himself/themselves that the

work confirms to the quality specifications before offering the same to AT Wing for Acceptance and Testing.

5.2.4 An assessment of extent of interest shown by the contractors in executing the works with requisite quality

shall be recorded and used in evaluating the Contractor’s Performance Rating (CPR).

5.2.5 In addition to Acceptance Testing being carried out by AT wing and supervision by Construction Officers, all

works at all times shall be open to inspection of the BSNL. The contractors shall be bound, if called upon to

do so, to offer the works for inspection without any extra payment.

5.2.6 Site Order Book: The site order book is one of the primary records to be maintained by the JTO supervising

the work during the course of execution of works. The noting made by officers as well as contractors, will

form as basis for operation of many contractual clauses. The contractor shall remove all the defects pointed

out by the BSNL in the Site order book. The site order book is to be maintained in the prescribed format. The

contractor or their authorized representatives shall also be at liberty to note their difficulties etc. in these

books. The site order books shall invariably be consulted at the time of making final payments to the

contractor.

5.3 Testing and Acceptance Testing:

a. The work shall be deemed to have been completed only after the same has been accepted by the AT officer.

The contractor shall make test pits at the locations desired by AT officer for conducting test checks without

any extra payment. The contractor shall restore the pits after test measurements to its original shape. The

contractor shall be responsible to provide test / measurement tools and testers for conducting various tests.

b. Scope of Acceptance and Testing: The purpose of acceptance and testing is to verify integrity of

measurement and quality of work done. The AT officer shall not be responsible for recording of

measurements for the purpose of billing and contractual obligations. However, if the measurements taking by

AT officer are found to be lesser than the measurements recorded by the officer responsible for recording the

measurements, the measurement taken by AT officer shall prevail without prejudice to any punitive action

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against the contractor as per provisions of the contract and the officer recording the measurements. The

contractor shall be obligated to remove defects / deficiencies pointed out by the AT officer without any

additional cost to the BSNL.

c. Offering the work for acceptance and testing: The Sub Divisional Engineer responsible for construction, after

having satisfied himself of completion of work ready for AT shall offer the work to AT officer for conducting

Acceptance and Testing. The work shall be offered for AT as soon as part of work is complete in all respects.

The work against any work order can be offered for AT in a number of stages.

d. The contractor shall provide labour, if demanded by the AT officer for digging of test pits and other necessary

infrastructure for carrying out the AT work. No extra payment will be made for the digging of test pit.

5.4 Audit and Technical Examination:

a. BSNL shall have the right to cause an audit and technical examination of the work and the final bills of the

contractor including all supporting vouchers, abstract etc. to be made after payment of the final bill and if as a

result of such audit and technical examination any sum is found to have been overpaid in respect of any work

done by the contractor under the contract or any work claimed by him to have been done by him under the

contract and found not to have been executed, the contractor shall be liable for refund the amount of over

payment and it shall be lawful for BSNL to recover the same from him in the manner prescribed in clause

with the heading payment of bills (same chapter), or in any other manner legally permissible and if it is found

that the contractor was paid less than what was due to him under the contract in respect of any work executed

by him under it, the amount of such under payment shall be duly paid by BSNL to the contractor.

b. Provided that BSNL shall be entitled to recover any sum overpaid, nor the contractor shall be entitled to

payment of any sum paid short where such payment have been agreed upon between the Divisional Engineer

or his subordinate officer on one hand and the contractor on the other under any term of the contract

permitting payment for work after assessment by the GMTD, Almora or his subordinate officer.

c. Any sum of money due and payable to the contractor (including security deposit returnable to him) under this

contract may be appropriate by the BSNL for the payment of a sum of money arising out or under any other

contract made by the contractor with the BSNL.

6. DELIVERY AND DOCUMENTS:

6.1 Delivery of the goods shall be made by the supplier in accordance with the terms specified by the BSNL in its

schedule of requirements and special conditions of contracts, and the goods shall remain at the risk of the

supplier until delivery has been completed. The delivery of the equipment shall be to the consignee as given in

the purchase order.

6.2 The delivery of the goods and documents shall be completed within time frame.

6.3 The extension of delivery period against the purchase order, if any, should be granted subject to the condition

that BSNL shall have the absolute right to revise the price(s) and also to levy penalty for the delayed supplies.

7. TRAINING:

7.1 Not required.

8. INCIDENTAL SERVICES:

The supplier may be required to provide any or all of the following services:

(a) Performance or supervision of on-site assembly and/or start-up of the supplied Goods;

(b) Furnishing of tools required for assembly and/or maintenance of supplied Goods.

9. SPARES:

9.1 The supplier shall be required to provide a list of spare parts if required, as the BSNL may elect to purchase

from the supplier.

10. Warranty:

10.1 The contractor shall warrant that the material supplied/Services done for completion of work shall be new and

free from all defects and faults in material, workmanship and manufacturer and shall be of the highest grade

and consistent with the establishment and generally accepted standards for materials of the type ordered and

shall perform in full conformity with the specifications and drawings. The contractor shall be responsible for

any defects that may develop under the conditions provided by the contract and under proper use, arising from

faulty material, design or workmanship such as corrosion of the equipment, inadequate quantity of materials

etc. and shall remedy such defects at his own cost when called upon to do so by the BSNL who shall state in

writing in what respect the stores are faulty. This warranty shall survive inspection or payment for, and

acceptance of goods, but shall expire except in respect of complaints notified prior to such date, twelve

months after the acceptance testing.

10.2 If it becomes necessary for the contractor to replace or renew any defective portion / portions of the material

under this clause, the provisions of the clause shall apply to the portion / portions materials so replaced or

renewed or until the end of the above mentioned period of twelve months, whichever may be later. If any

defect is not remedied within a reasonable time, as prescribed by the BSNL, the BSNL may proceed to do the

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work at the contractor’s risk and costs, but without prejudice to any other rights which the BSNL may have

against the contractor in respect of such defects.

10.3 The cable joint shall be guaranteed for a period of ONE year from the date of closing of joint. In case of

failure of the joint due to poor workmanship i.e. failure of joint without external damage, with in the stipulated

period of guarantee the contractor shall repair the joint(s) at his own cost within 24 hours of informing him,

failing which the BSNL may carry out the repairs and penalty equivalent to five times of the approved rate of

the jointing work plus the cost of materials used shall be recovered from the contractor from his pending bills /

SD or any amount due to him without prejudice to any other action as per terms and conditions of the tender,

The cost of jointing kit, supplied by the BSNL, so used to revive the joint shall be deducted from the running

bills of the contractor pending for payment or from security if all bills have been settled.

10.4 Replacement under warranty clause shall be made by the contractor free of all charges at site including

freight, insurance, cost of works and other incidental charges.

11. PAYMENT TERMS:

11.1 Procedure for Preparation and settlement of bills:

11.1.1 All items of works involved in the work order shall be completed in all respects before preferring the bills for

the work. The provision of running bill has been made to make it easy for the contractor to manage his cash

flow and to complete the work systematically and meaningfully in a shortest possible time. The procedure for

preparation of running and final bills is enumerated as under:

11.1.1.1 Procedure for preparation, processing and payment of running Bills:

The running payment shall be made for the completed work of Gram Panchayats only. The contractor shall

prepare the running bills in triplicate ensuring execution of part work in its completeness as envisaged above,

correctness of rates and quantum of work and submit the bills to SDE in charge of work. The bills shall be

prepared accurately and as per measurements recorded in the measurement book and after acceptance and

testing of all items involved in the work. The contractor should submit the running bills within 10 days of

acceptance and testing. The SDE in charge shall record the certificate on the running bill that the site order

books have been consulted before signing the running bills. This would enable the SDE In Charge of work

shall scrutinize the bills and accord necessary certificate and submit the running bills with the documents as

mentioned below to the Divisional Engineer, In Charge of work.

First copy of bills with first copies of measurement sheets of measurement book and A/T reports. (Payable

copy)

Second copy of bill with second copies of measurement sheet of measurement book and A/T reports. (Not

for payment)

Third copy of the bill with photocopies of measurement sheets and A/T reports. (Not for payment)

11.1.1.2 The Divisional Engineer shall exercise the prescribed checks on the bills and accord necessary certificates on

the bills. The Divisional Engineer shall retain the third copy in record and record it in the estimate file

maintained in his office and send first and second copies with all documents to relevant higher office for

processing of bills and release of payment.

11.1.1.3 The office cell dealing with OFC bills shall process the bills in the estimate file of concerned work and

scrutinize the bills vis-à-vis work order issued sanctioned provisions in the estimate etc. The bills shall be

passed, after necessary scrutiny by Planning Section, by the officer competent to pass the bill. Against any

running bill, payment to the extent of only 90% shall be made, which shall be treated as an advance to the

contractor. 7.5% of the bill amount towards performance security deposit & Statutory Taxes (Income Tax etc.)

applicable to contract shall be deducted at the time of payment from each running bill. In case of

unsatisfactory progress of work the amount of running bill will be decided by competent authority. Account

payee cheque for the amount passed in the bill will be issued only after the contractor gives a stamped receipt

for the amount, if the bills are not pre-receipted. Details of payment of all the bills shall be entered into

contract’s ledger by Work Section of the Planning Cell.

11.1.1.4 In exceptional cases where work required for preferring a Running Bill cannot be completed within

reasonable time due to non- availability of stores or any other reason and where the BSNL is responsible for

delay, the concerned DE may permit payment of running bill (prepared without completing the work end-to-

end for that unit of work) to the extent of 70% so that the contractor does not face resource crunch. Such

payment shall be treated as an advance payment to the contractor like any other running bills.

11.1.2 Procedure for preparation, processing and payment of final bill: The contractor shall prepare the final bill

in triplicate after acceptance and testing of all the work and submit the same to SDE In charge of work within

30 days of acceptance and testing and payment shall be made on availability of funds as the case may be. The

final bill shall be prepared for all the measurement of all items involved in execution of complete work order.

The contractor shall prepare the final bill containing the following details:

The Bill for all the quantities as per Measurement at the approved rates.

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Adjustment of amount received against running bills.

Adjustment of performance security deposit and statutory taxes already recovered.

Store reconciliation statement furnishing account of stores received against the work order and returned to

the designated Store go down as surplus with requisite verification from store in- charge / SDE In-charge

of work.

Letters of grant of E.O.T(s) if work could not be completed within stipulated time.

Six sets of bound documentation.

GPS coordinates of the route as taken during measurement, in the specified format in CD.

11.1.2.1 The SDE Incharge of work shall scrutinize the final bill against the works entrusted and accord necessary

certificate stating that the work has been executed satisfactorily in accordance with specification and terms

and conditions of the contract. The SDE shall verify the quantities of items of work with reference to

measurement recorded in the measurement book (and also A/T reports in case of any deviations noted by A/T

officer). The SDE Incharge of work shall submit the final bills, along with other documents mentioned above,

with the documents as mentioned hereunder to the Divisional Engineer, In- Charge of work.

Bill prepared by the contractor.

Material reconciliation statement.

Measurement book.

GPS Coordinates of the route in CD.

A/T certificate.

The site order book.

The hindrance registers.

Details of recoveries/penalties for delays, damages to BSNL/third party properties as provisions of the

contract. In case no recovery is to be made, nil report needs to be submitted.

Details of empty cable drums cost which needs to be recovered from the bill.

11.1.2.2 The Divisional Engineer shall exercise the prescribed checks on the bills and accord necessary certificate on

the bills. The Divisional Engineer shall retain the third copy of the bill along with photocopies of other

documents not available in his estimate file and second copies of the bill measurement book and other

document submitted by SDE along with the bill as above to the higher officer for processing and final

payment.

11.1.2.3 The planning cell dealing with OFC bills shall process the bills in the estimate file of the concerned work and

scrutinize the bills vis-à-vis work order issued, sanctioned provisions in the estimate etc. The office cell shall

also scrutinize the bill to recover all the liabilities of the contractor and statutory taxes besides 7.5% payments

security deposit. The bill shall be passed, after necessary scrutiny by work section, by the competent to pass

the final bill.

11.1.2.4 The paying authority of bills will be AO (Cash), o/o the GMTD, Almora OR any other officer designated by

the GMTD, Almora or the CGMT, Dehradun.

11.2 Procedure for Payment for sub standard work:

11.2.1 The contractor is required to execute all works satisfactorily and in accordance with the specifications.

If certain items of work are executed with unsound, imperfect or unskilled workmanship or with materials of

any inferior description or any materials or articles provided by him for execution of work are unsound or of a

quality inferior to that contracted for or otherwise not in accordance with the contract (referred to as

substandard work hereinafter), the Divisional Engineer in-charge shall make a demand in writing specifying

the work, materials or articles about which there is a complaint.

11.2.2 Timely action by Construction Officers:

Timely reporting and action, to a great extent, can prevent occurrence of sub standard work, which will be

difficult or impossible to rectify later on. It is incumbent on the part of construction officers to point out the

defects in work in time during progress of the work. The junior Telecom Officer/ sub Divisional Engineer

responsible for execution and supervision of work shall without any loss of time submit a report of occurrence

of any sub standard work to the Divisional Engineer In-charge besides making an entry in the site order book.

A notice in respect of defective work shall be given to the contractor by Divisional Engineer In-charge in

writing during the progress of work asking the contractor to rectify /replace/ remove the sub standard item of

work and also definite time period within which such rectification/ removal/ replacement has to be done. After

expiry of the notice period, if the contractor fails to rectify/ replace/ remove the sub standard items, the defects

shall be got rectified/ replaced/ removed by BSNL or through some other agency at the risk and cost of the

contractor.

11.2.3 Non-reporting of the sub standard work in time on the part of Construction Officer(S) shall not in any

way entitle the contractor to claim that the defects were not pointed out during execution and as such the

contractor cannot be absolved of the responsibility for sub standard work and associated liabilities.

11.2.4 Authority and procedure to accept sub standard work and payment thereof:

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There may be certain items of work pointed out as sub standard which may be difficult to rectify and in the

opinion of the GMTD Almora, the items in question will not materially deteriorate the quality of service

provided by the construction, the GMTD Almora shall appoint committee to work out the reduced rates

payable to the contractor for such sub standard work. The committee shall constitute one Divisional Engineer

other than the one who is directly in-charge of cable construction involving sub standard items of work, as

Chairman and one SDE and an Accounts officer as members. The committee shall take into account the

approximate cost of material/ work pointed out as sub standard and recommend the rates payable for sub

standard work which shall not exceed 60% of the approved rates of the items in question.

11.2.5 Record of sub standard work: The items adjudged as sub standard shall be entered into the

measurement book with red ink.

12. PRICES:

a. Prices charged by the contractor for the works performed under the Contractor shall not be higher from the

prices quoted by the contractor in his bid.

b. Prices once fixed will remain valid for the period of contract. Increase and decrease of taxes/duties will not

affect the price during this period.

13. CHANGES IN PURCHASE ORDERS:-

a. The BSNL may, at any time, by a written order given to the contractor, make changes within the general

scope of the contract in any one or more of the following:

1. drawings, designs or specifications, where Goods to be supplied under the contract are to be

specifically manufactured for the BSNL;

2. the method of transportation or packing;

3. the place of delivery; or

4. the services to be provided by the supplier.

b. If any such change causes an increase or decrease in the cost of, or the time required for the execution of the

contract an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the

contract shall accordingly be amended. Any proposal by the supplier for adjustment under this clause must be

made within thirty days from the date of the receipt of the change in order.

14. SUBCONTRACTS: The contractor shall not assign, sub contract or subject the whole or any part of the works covered by the contract,

under any circumstances.

15. DELAYS IN THE SUPPLIER'S PERFORMANCE:

a. Issue of work orders and time limit:

1. The work order shall be issued so as to include all items of works for the section allotted to the contractor

as put in the NIT.

2. The work orders shall be issued by the AGM (CFA), O/o GMTD, Almora after examining the technical

and planning details of the works to be executed.

3. If due to any reason partial work order is to be issued then the same shall be issued with the approval of an

officer not below the rank of Deputy General Manager.

4. The Divisional Engineer shall mention the time limit to execute the work order after seeing the quantum

of work and store availability position.

5. The BSNL reserves the right to cancel or modify the scope of work stipulated to be carried out against the

work order in the event of change of plan necessitated on account of technical reasons or in the opinion of

work order issuing authority or the GMTD Almora, the contractor is not executing the work at the

required pace.

b. Extension of the time limit:

1. In each work order, the work order issuing authority shall specify the time allowed for completion of work

consistent with the magnitude and urgency of work. The time allowed for carrying out the work is to be

strictly observed by the contractor and shall be reckoned from seventh day from the date of issue of work

order.

2. In as much as “the time being deemed to be the essence of contract” throughout the stipulated period of

contract, the work is to be proceeded with all due diligence on the part of the contractor.

c. Application for Extension of the time and sanction of Extension of Time (EOT):

1. There may be some hindrances, other than covered under Force majeure, while execution of work and in

such cases the contractor shall apply in writing to the DE Incharge for extension of time (EOT), on

account of which he desires such extension within three days of occurrence of hindrance. The DE

Incharge shall forward the request to the competent authority (an officer of the rank of JAG level in-

charge of OF Cable construction work) with his detailed report within three days of receipt of request

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from the contractor. The competent authority is empowered to grant extension of time for completion of

work on certain conditions. He shall exercise such powers, if the following conditions are satisfied:

a. The application contains the ground(s), which hindered the contractor in execution of work.

b. The DE Incharge is of the opinion that the grounds shown for extension of time are reasonable.

2. The competent authority shall consider the request keeping all the facts and circumstances in view and

shall grant extension of time, if in his opinion, there are reasonable and sufficient grounds for granting

such extension and the reasons for delay are not ascribable to the contractor.

3. The competent authority may also grant extension of time for completion of work in cases

4. where reasons for delay are ascribable to the contractor, but such extension of time shall be with LD

charges as per clause dealing with penalty for delays in execution of works. The extension of time with

LD charges shall be issued under the signature of JAG level Telecom Officer competent to grant the

extension of time.

5. The competent authority shall grant EOT with time period for completion of work expressly mentioned.

The sanction of the competent Authority of EOT shall be issued under the signature of the Engineer-in-

charge.

6. If the competent authority is of the opinion that the grounds shown by the contractors are not reasonable

and sufficient and declines to grant the extension of time, the contractor cannot challenge the soundness of

the opinion by reference to arbitration. The decision of the competent authority on period of extension of

time or refusal for extension of time shall be final and binding on the contractor.

d. Grant of Extension of Time without Applications:

1. There are, at times, practical difficulties like non availability of materials, delay in Providing

permissions/right of way etc. reasons of which are ascribable to the BSNL. In such cases, the DE Incharge

with the approval of competent authority to sanction EOT, may issue extension of time suo moto without

waiting for contractor to make an application for EOT. The BSNL will, however, not be liable to the

contractor for any losses or damages, costs, charges, or expenses that the contractor may in way sustain /

suffer due to delay in making the above available.

e. Issuance of Notice:

1. The Divisional Engineer In–charge of work shall show cause notice giving details of lapses, violation of

terms and conditions of the contract, wrongful delays or suspension of work or slow progress to the

contractor directing the contractor to take corrective action. A definite time schedule for corrective action

shall be mentioned in the show cause notice. If the contractor fails to take corrective action within the

stipulated time frame, the Divisional Engineer In–charge shall submit a draft of final notice along with a

detailed report to the competent authority who had accepted the contract.

2. The final notice for rescission of contract to the contractor shall expressly state the precise date and time

from which the rescission would become effective. The following safe guards shall be taken while issuing

the final notice.

a. During the period of service of notice and its effectiveness, the contractor should not be allowed to

remove from the site any material/ equipment belonging to the BSNL.

b. The contractor shall give in writing the tools and plants he would like to take away/remove from the

site. Such of the materials as belong to him and which may not be required for future execution of

balance work may be allowed by the Divisional Engineer In–charge of work to be removed with

proper records.

c. No new construction beneficial to the contractor shall be allowed.

d. Adequate BSNL security arrangement in replacement of the contractor watch and ward shall be made

forthwith. Expenses on this account are recoverable from the security deposit or any amount due to

the contractor.

16. PENALITY CLAUSE/LIQUIDATED DAMAGES:

A) Delays in the contractor’s performance:

a. The time allowed for completion of the work as entered in the tender/work-order shall be strictly

adhered by the contractor and shall be deemed to be the most important aspect of the contract on the

part of the contractor and shall be reckoned from seventh day from issue of work order by the BSNL.

The work shall throughout the stipulated period of contract, be proceeded with all due diligence to

achieve the desired progress uniformly. Penalty for delay in execution of work/route @0.5% of

Work Order value for each week of delay or part thereof for a period up to ten weeks and

thereafter @0.7% of Work Order value for each week of delay or part thereof subject to a

maximum of 12% of Work Order value contract value will be applicable and deducted on delay

of execution of project.

b. On any date the penalty payable as above, reaches 10% (Ten percent) of the Work Order value of

the work, the contractor should proceed with the work further only on getting a written instruction

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from the Divisional Engineer that, he is allowed to proceed further with the work. It will be in the

discretion of the Divisional Engineer to allow the contractor to continue with the work on the basis of

any written agreement reached between the contractor and the Divisional Engineer one of the

condition of such agreement may be a stipulation for the contractor to agree for realization of penalty

for delay at a higher rate as may be agreed between the Divisional Engineer and contractor.

c. Penalty for delay in completion of the work shall be recoverable from the bills of the contractor and

/or by adjustment from the security deposit or from the bills of any other contract. However,

adjustment from security deposit will be made only when the contract has been terminated or at the

time of final settlement of bills on completion of work.

d. In case of slow progress of the work in a section which have been awarded to a particular contractor,

and the public interest does not permit extension of time limit for completion of the work, the GMTD

Almora will have the full right to order that the scope of the contractor may be restricted to such

fraction of the whole of the work and get the balance executed at the risk and cost of the contractor.

The details are given in Rescission of the contract clause of the bid document. All such payments

shall be recovered from the contractor’s pending bills or security deposit.

e. The GMTD Almora reserves the right of cancel the contract, forfeit the security deposit and option to

blacklist the contractor to work anywhere in BSNL, if the contractor fails to commence the work

within 7 days after issue of the work order.

B) Penalty for causing inconvenience to the Public:

a. To ensure progress during the execution of work and to cause minimum inconvenience to the public,

the contractor shall not dig a trench of more than 200 meters at a stretch in a route at a time. He shall

cause to lay cable and close such trenches expeditiously. Under any circumstances a stretch of trench

of maximum 200 meters shall not be kept open for more than 4 days in case of cable laying by

digging paved surfaces. In the event of contractor falling to comply with, these conditions, a penalty

of recovery up to Rs. 1000/- per day the trench is kept open beyond the time limit allowed may be

imposed by the BSNL. This penalty will be in addition to that payable for delay or slow work.

b. The Contractor shall not be allowed to dump the empty cable drums/ waste materials in Govt./Public

place, which may cause inconvenience to Govt. / Public. If the contractor does not dispose off the

empty cable drums/waste materials within 3 days of becoming empty, the BSNL is at liberty to

disposed off the drum in any manner deemed fit and also recover the amount fixed in this contract for

empty cable drums/ waste materials from the bill / security deposit/along with the costs incurred by

the BSNL in disposing off such materials. The BSNL may also levy a penalty up to Rs One thousand

for each such default.

c. If any such penalty is levied on a contractor for more than 2 occasions, then his/her contract could be

terminated. In this regard the decision of (the GMTD Almora) shall be final and binding.

C) Penalty for cutting / damaging the old cable:

a. During excavation of trench utmost care is to be taken by the contractor, so that the existing

underground cables (Copper/OFC) are not damaged or cut. In – case any damage/out is done to the

existing cables, a penalty as per the schedule given below will be charged from the contractor or the

amount will be deducted form his bils/running bills:

Size of existing UG/OF cables cut/ damaged Amount of penalty per cut / damage

Up to 100 pairs cable Rs. 500.00 (Five hundred)

Above 100 pairs & up to 400 pairs Rs. 1,000.00(One thousand)

Above 400 pairs Rs. 2,000.00(Two thousand)

OF cable of any size Rs. 5,000.00 (Five thousand)

b. Besides the above penalty, the contractor shall carry out such repairs for restoration of the damaged

cable free of charge. The cost of jointing kit shall also be borne by the contractor. If contractor fails to

repair the damage, the cost of repair (including cost of labour + jointing kit) shall be recovered from

the contractor.

D) Penalty to damage stores/materials supplied by the BSNL while laying:

a. The contractor while taking delivery of materials supplied by the BSNL at the designated place shall

thoroughly inspect all items before taking them over. In case of execution of the work, if any material

is found damaged/working unsatisfactorily, then a penalty equivalent to the cost of material + 10 % as

penalty shall be recovered from the contractor’s payments/securities.

b. However, contractor will not be penalized for any defect in workmanship of the materials, which shall

be taken up separately with the supplier of the stores.

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36. FORCE MAJEURE:

1) If any time, during the continuance of this contract, the performance in whole or in part by either party or

any obligation under this contract shall be prevented or delayed by reason of any war, or hostility, acts of

the public enemy, civil commotion sabotage, fires, floods, explosions, epidemics, quarantine restrictions,

strikes, lockouts or act or God (Herein after referred to as events) Provided notice of happenings, of any

such eventuality is given by either party to the other within 21 days from the date of occurrence thereof ,

neither party shall by reason of such event be entitled to terminate this contract nor shall either party shall

by reason of such event be entitled to terminate this contract nor shall either party have any such claim for

damages against the other in respect of such non-performance and work under the contract shall be resumed

as soon as practicable after such event may come to an end or cease to exist, and the decision of the BSNL

as to whether the work have been so resumed or not shall be final and conclusive, provided further that if

the performance, in whole or part of any obligation under this contract is prevented or delayed by reason of

any such event for a period exceeding 60 days either party may, at his option terminate the contract.

2) Provided also that if the contract/agreement is terminated under this clause, the BSNL shall be at

liberty to take over from the Contractor on as-is-where-is basis which shall be final, all unused,

undamaged and acceptable materials, bought out components and stores in the course of execution of

the contract, in possession of the Contractor at the time of such termination of such portions thereof

as the BSNL may deem fit except such materials bought out components and stores as the contractor

may with the concurrence of the BSNL elect to retain.

37. Rescission/ Termination of contract:

18.1. Circumstances for rescission of contract: Under the following conditions the competent authority may

rescind the contract:

1. If the contractor commits breach of any item of terms and conditions the competent authority may

rescind the contract:

2. If the contractor suspends or abandons the execution of work and the engineer in – charge of the work

comes to conclusion that the work could not be completed by the due date for completion or the

contractor had already failed to complete the work by the date.

3. If the contractor had been given by the officer – in – charge of work a notice in writing to rectify /

replace any defective work and he/ she fails to comply with the requirement within the specified

period.

18.2. Upon rescission of the contract, the security deposit of the contractor shall be liable to be forfeited with

optional blacklisting of the contractor to work any where in BSNL, and shall be absolutely at the disposal of

BSNL as under:

18.2.1 Measurement of works executed since the date of last measurement and up to the date of rescission of

contract shall be taken in the presence of the contractor or his authorized representative who shall sign the

same in the MB. If the contractor or his authorized representative do not turn up for joint measurement, the

measurement shall be taken by the officer authorized for this purpose after expiry of due date given for joint

measurement. The measurement taken by the officer so authorized shall be final and no further request for

joint measurement shall be entertained.

18.2.2 The unused material (Supplied by the BSNL) available at site shall be transported back by the BSNL

to the Telecom Store at the risk and cost of the contractor. if any such material is found damaged /lost then the

penalty shall also be recovered from the contractor as per conditions in tender document/bid.

18.2.3 The un-executed work shall be got executed through the qualified bidder from amongst the

bidders, who participated in the bidding process, by giving them offers in their order of ranking (L2, L3----) at

their quoted rates. If the wok was awarded on single tender basis then the BSNL shall get the unexecuted

work completed through any other contractor approved in BSNL at the approved rates of that particular

section or to execute the work personally, as is convenient or expedient to the BSNL at the risk and cost of

the contractor. In such a event no compensation shall be payable by the BSNL to the contractor towards any

inconvenience / loss that he may be subjected to as a result or such an action by the BSNL. In this regard the

decision of (the GMTD Almora) shall be final and binding. In all these cases, expenses which may be incurred

in excess of the sum which would have been paid to the original contractor if the whole work had been

executed by him shall be borne and paid by the original contractor and shall be deducted from any money due

to him by the BSNL under the contract or any other account whatsoever anywhere in the BSNL or from a

security deposit.

18.2.4 The certificate of the Divisional Engineer in-charge of work as to the value of work done shall be final

and conclusive against the contractor, provided always that action shall only be taken after giving notice in

writing to the contractor.

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18.3 Optional Termination by BSNL (Other than due default of the Contractor):

a. The BSNL may, at any time, at its option cancel and terminate this contract by written notice to the

contractor, in which event the contractor shall be entitled to payment for the work done up to the time of

such cancellation and a reasonable compensation in accordance with the contract prices for any additional

expenses already incurred for balance work exclusive of purchase and / or whole of material, machinery

and other equipment for use in or in respect of the work.

b. In the event of the termination of the contract, the contractor shall forthwith clear the site of all the

contractor’s materials, machinery and equipment’s and hand over possession of the work/ operations

concerned to the BSNL or as the BSNL may direct.

c. The BSNL may, at its option, cancel or omit the execution of one or more items of work under this

contract and may part of such items without any compensation whatsoever to the contractor.

38. Termination for Insolvency: The BSNL may at any time terminate the contract by giving written notice to the

contractor, without compensation the contractor, if the contractor becomes bankrupt or otherwise insolvent as

declared by the competent court provided that such termination will not prejudice or affect any right or action or

remedy which has accrued or will accrue thereafter to the BSNL.

39. ARBITRATION: In the event of any question, dispute or difference arising under this agreement or in

connection there-with except as to matter the decision of which is specifically provided under this agreement, the

same shall be referred to sole arbitration of the Chief General Manager, Uttaranchal Telecom Circle or in case his

designation is changed or his office is abolished then in such case to the sole arbitration of the officer for the time

being entrusted whether in addition to the functions of the Chief General Manager Uttaranchal Telecom Circle or

by whatever designation such officers may be called (hereinafter referred to as the said officer ) and if the Chief

General Manager Uttaranchal Telecom Circle or the said officer is unable or unwilling to act as such to the sole

arbitration or some other person appointed by the Chief General Manager , or the said officer. The agreement to

appoint an arbitrator will be in accordance with the Arbitration and conciliation Act, 1996. There will be no

objection to any such appointment that the arbitrator is BSNL servant or that he has to deal with the matter to

which the agreement relates or that in the course of his duties as BSNL Servant he has expressed views on all or

any of the matter under dispute. The award of the arbitrator shall be final and binding on the parties. In the event

of such arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable

to act for any reasons whatsoever such Chief General Manager or the said officer shall appoint another person to

act as arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed

from the stage at which it was left out by his predecessors.

The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the

award, Subject to aforesaid Indian Arbitration and Conciliation Act 1996 and the Rules made there under, any

modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this

clause.

The venue of the arbitration proceeding shall be the office of the Chief General Manager Uttaranchal Telecom

Circle or such other places as the arbitrator may decide. The following procedure shall be followed:

1. In case parties are unable to reach a settlement by themselves, the dispute should be submitted or

arbitration in accordance with contract agreement.

2. There should not be a joint submission with the contractor to the Sole Arbitrator.

3. Each party should submit its own claim severally and may oppose the claim put forward by the other

party.

4. The onus of establishing his claims will be left to the contractor.

5. Once a claim has been included in the submission by the contractor, a reiteration or modification

thereof will be opposed.

6. The “points of defense” will be based on actual conditions of the contract.

7. Claims in the nature of ex-gratia payments shall not be entertained by the Arbitrator as these are not

contractual.

8. The question whether these conditions are equitable shall not receive any consideration in the

preparation of “points of defense”.

9. If the contractor includes such claims in his submission, the fact that they are not contractual will be

prominently placed before the Arbitrator.

10. The award of the sole Arbitrator shall be final and binding on all the parties to the dispute.

40. SET OFF:

Any sum of money due and payable to the contractor (including security deposit refundable to him) under this contract

may be appropriated by the BSNL or the BSNL or any other person or persons contracting through the BSNL of India

and set off the same against any claim of the BSNL or BSNL or such other person or persons for payment of a sum of

money arising out of this contract made by the contractor with BSNL or BSNL or such other person or persons

contracting through BSNL of India.

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41. INTIMATION OF EXECUTION STATUS:

The bidders, who are given Work orders, must give the details of the supplies made against all the Work

Order every month on the first working day of the following month to AGM(CFA).

42. DETAILS OF THE PRODUCT:

The bidder should furnish the name of its collaborator (if applicable), brand name, model number and type of

the products offered in this tender. The technical literatures of the products if available should also be

submitted. No change in either technology or product shall be permitted after opening of bids.

43. FALL CLAUSE:

43.1 The prices once fixed will remain valid during the agreement period except for the provisions in clause 12 of

Section-5A. Further, if at any time during the contract

(a) It comes to the notice of BSNL regarding reduction of price for the same or similar equipment/ service;

And / or

(b) The prices received in a new tender for the same or similar equipment/ service are less than the prices

chargeable under the contract.

43.2 The BSNL, for the purpose of delivery period extension, if any, will determine and intimate the new price,

taking into account various related aspects such as quantity, geographical location etc., and the date of its

effect for the balance quantity/ service to the vendor. In case the vendor does not accept the new price to be

made applicable during the extended delivery period and the date of its effect, the BSNL shall have the right

to terminate the contract without accepting any further work/supplies. This termination of the contract shall be

at the risk and responsibility of the supplier and the BSNL reserves the right to purchase the balance

unsupplied quantity/ service at the risk and cost of the defaulting vendor besides considering the forfeiture of

its performance security.

43.3 The vendor while applying for extension of time for delivery of equipment/services, if any, shall have to

provide an undertaking as "We have not reduced the sale price, and/ or offered to sell the same or similar

equipment/ service to any person/ organization including Department of central/state Government or any

central/ state PSU at a price lower than the price chargeable under the contract for scheduled delivery

period."

43.4 In case under taking as in Clause 24.3 is not applicable, the vendor will give the details of prices, the name(s)

of BSNL, quantity etc. to the BSNL, while applying extension of delivery period.

44. COURT JURISDICTION:

Where a contractor has not agreed to arbitration, the dispute/ claims arising out of the Contract/ PO entered

with him shall be subject to the jurisdiction of the competent Court at the place from where Contract/ PO has

been issued. “This Contract/ PO is subject to jurisdiction of Court at Almora only”.

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SECTION-5 Part B

Bharat Sanchar Nigam Limited

(A Govt. of India Enterprises)

Office of the General Manager Telecom District, Almora

Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017

SPECIAL (COMMERCIAL) CONDITIONS OF CONTRACT (SCC)

1.1 The Special (Commercial) Conditions of Contract (SCC) shall supplement General (Commercial)

Conditions of Contract (GCC)) as contained in Section 5 Part A and wherever there is a conflict, the provisions

herein shall prevail over those in Section 5 Part A i.e. General (Commercial) Conditions of Contract (GCC).

1.1.1 The work shall be accepted only after Acceptance Testing carried out by team, designated by the BSNL, as

per prescribed schedule and work/material passing the test successfully.

1.1.2 The BSNL reserves the right to disqualify such bidders who have a record of not meeting contractual

obligations against earlier contracts entered into with the BSNL.

1.1.3 The BSNL reserves the right to black list a bidder for a suitable period in case he fails to honour his bid

without sufficient grounds.

1.1.4 The BSNL reserves the right to counter offer price(s) against price(s) quoted by any bidder.

1.1.5 Any clarification issued by BBNL/BSNL, in response to query raised by prospective bidders shall form an

integral part of bid documents and it may amount to amendment of relevant clauses of the bid documents.

1.1.6 Tender will be evaluated as a single package of all the items given in the price schedule.

1.1.7 All work to be executed under the contract shall be executed under the direction and subject to the approval in

all respects of by the Divisional Engineer or Site Engineer in-charge of work site who shall be entitled to

direct at what point or points and what manner they are to be commenced, and from the time to time carried

on.

1.1.8 If the contractor shall desire an extension of time for completion of the work on the grounds of unavoidable

hindrance in execution of work or on any other ground he shall apply in writing to the Divisional Engineer

within 3 days of the date of hindrance on account of which he desires such extension as aforesaid. In this

regard the decision of the GMTD Almora shall be final.

1.1.9 If at any time after the commencement of the work, the BSNL may feel that execution of whole or part of

work, as specified in the tender is not required to be carried out, then the BSNL shall give notice in writing of

the fact to the contractor who shall have no claim to any payment of compensation whatsoever on account of

any profit or advantage which he might have derived in consequence of the full amount of the work not

having been carried out neither shall be have any claim for compensation by reason of any alterations having

been made in the original specifications, drawings, designs and instructions which shall involve any

curtailment of the work as originally contemplated.

1.1.10 Whenever any claims against the contractor for the payment of a sum of money arises out of or under the

contract, the BSNL shall be entitled to recover such sum by appropriating in part or whole the security deposit

of the contractor, and to sell any BSNL promissory notes etc. forming the whole or part of such security or

running / final bill pending against any contract with the BSNL. In the event of the security being insufficient

or if no security has been taken from the contractor, then the balance or the total sum recoverable as the case

may be, shall be deducted from any sum then due or which at any time there after may become due to the

contractor under this or any other contract with BSNL. Should this sum be not sufficient to cover the full

amount recoverable the contract or shall pay to BSNL on demand the balance remaining due.

1.1.11 No official of Gazetted rank in Govt. of India/State Govt. or official of Executive Grade in

BSNL/MTNL/BBNL/TCIL or any other PSU’s of the Govt. of India/States Govt. is allowed to work as a

contractor or employee under the contractor for a period of two years after his retirement from BSNL service

without the previous permission of BSNL of India. This contract is liable to be cancelled if either the

contractor or any of his employee is found at any time to be such a person who hadn’t obtained the permission

of BSNL/Govt. of India as aforesaid before submission of the engagement in the contractor’s service as the

case may be.

1.1.12 In the event of the contractor being, adjusted insolvent or going voluntarily into liquidation of having received

order other order under insolvency act made against him or in the case of company, of the passing of any

resolution, or making of any order for winding up whether voluntarily or otherwise, or in the event of the

contractor failing to comply with any of the conditions herein specified. The GMTD Almora shall have the

power to terminate the contract without any notice.

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1.1.13 Without prejudice to any of the rights or remedies under this contract, if the contractor dies, the GMTD

Almora on behalf of the BSNL can terminate the contract without compensation to the contractor. However

the GMTD, Almora at his discretion may permit contractor’s heirs to perform the duties or engagements of

the contractor under the contract, in case of his death. In this regard the decision of the GMTD , Almora shall

be the final.

1.1.14 In the event of the contractor, winding up his company on account of transfer or merger of his company with

any other, the contractor shall make it one of the terms and stipulations of the contract for the transfer of his

properties and business, that such other person or company, shall continue to perform the duties or

engagement of the contractor under this contract and be subject to his liabilities there under.

1.1.15 The contractor will have to arrange HDD & GPRS (Ground Penetration Radar System) machine for boring

works at his own cost. In the event of contractor failing to execute the HDD work, GMTD, , Almora shall

have the power to terminate the contract without any notice.

1.1.16 Capacity of trenching / Pipe laying / Pulling OF Cable through duct per week should be minimum 01 (One)

Kms. As per requirement of the BSNL this limit may be increased by competent authority and for this

contactor shall have to arrange the sufficient labour & infrastructure accordingly.

1.1.17 Final security will be made only after submission of complete documentation.

1.1.18 Interpretation of the contract document:

1.1.19 The representative of the GMTD, Almora and the contractor shall in so far as possible by mutual consultation,

try to decide upon the meaning and intent of the contract document, In-case of disagreement the matter shall

be referred to the GMTD , Almora whose decision shall be final. Any change in the contract documents shall

be set forth in writing by the representative of the parties hereto. It shall be the contractor’s responsibility to

thoroughly familiarize all of his supervisory personnel with the contents of all the contract documents.

1.3 Notification:

1.3.1 The contractor shall give in writing to the proper person or authority with a copy to the Divisional Engineer

such notification as may be mandatory or necessary in connection with the commencement, suspension,

resumption, performance and/ or completion of the contracted work. All notice shall be given sufficiently in

advance of the proposed operation to permit proper co-relation of activities and the contractor shall keep all

proper persons or authorities involved and advised of the progress of operations throughout the performance

of the work and/or with such other information and/or supporting figure and data as may from time to time as

directed or required.

1.4 Shut down on account of weather conditions:

1.4.1 The contractor shall not be entitled to any compensation whatsoever by reason of suspension of the whole or

any part of the work made necessary by the BSNL or deemed advisable on account of bad weather conditions

or other Force majeure conditions.

2. Stores Supplied by the BSNL:

2.1 At no point of time the contractor shall be issued stores of value more than the contractor’s material security.

If at all the work requires more amount of materials to issued to the contractor, then the security shall suitably

be revised before the issue of the store and the contractor will not have any objection to it.

2.2 The contractor shall transport (including loading and unloading) all stores issued to him from District Telecom

Store, to the site of work at his own cost. The BSNL shall not pay any transportation charges to the contractor.

2.3 All materials supplied to the contractor by the BSNL shall remain the absolute property of BSNL and shall not

be removed from site of the work except for use in the work and shall be at all times open to inspection by the

representative of the GMTD , Almora. In case the materials like cable and accessories are taken delivery of by

the contractor and stored at the site office / store of the contractor such site office / store will also be treated

“as site” for this purpose. Any such materials remaining unused at the time of the abandonment, completion or

determination of the contract shall be returned to the BSNL at a place informed to him by the BSNL, failing

which the cost of the unused materials shall be deducted from the contractor’s materials security or any of his

pending bills or from any other security.

2.4 The contractor shall be responsible for the transportation of store, storage and safe custody of all material

supplied to him by the BSNL, which in the contractor’s custody whether, or not installed in the work. The

contractor shall satisfy himself regularly the quantity and quality of the material supplied to him and he will

be responsible for any subsequent deterioration and discrepancy (inclusive of theft) in the quantity / quality of

the materials.

2.5 The contractor shall submit a proper account every month of all the materials supplied to him by the BSNL

and those consumed for items of work any discrepancy of difference between the materials issued to the

contractor and those consumed in the work as per the “BSNL’s calculation” (which shall be final) will be

charged to the contractor or deducted from his bills at 1.5 times of prevailing standard price including freight,

handling charges, storage charges etc.

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2.6 The contractor shall ensure that only the required materials are issued to him. Upon completion of work, the

contractor shall return to the BSNL at the later designated store in good condition, free of charges, any unused

materials that were supplied by the BSNL.

3. Easements, Permits, Licenses and Other Facilities:

3.1 The contractor shall obtain/provide at his own cost all easements, permits and license necessary to do its work

except for the following which shall be provided by the representative of the GMTD , Almora.

(a) “Right of User” easements and permits.

(b) Railway and Highway crossing permits including bridge.

(c) Canal / stream crossing permits.

3.2 The contractor shall be fully responsible for angling and obtaining all necessary easements, permits and licenses

for moving all construction equipment, tools, supplied materials and men across Railways and Highways, across

public or private road as well as premises of any public utility within the right of user and for bearing all costs that

may be incurred in respect of the same.

3.3 The contractor is to confine his operation to the provided construction “Right of User” unless it has made other

arrangement with the particular property owners and / or tenants such other arrangements shall be entirely at the

responsibility of the contractor as to cost and arrangement as also breach and claim and shall be entitled with a

copy to the Divisional Engineer.

3.4 The contractor will not be entitled to extra compensation for hardship and increase in cost by the cable trench

being routed adjacent to or across other pipeline, Highways, Railways, telephones or poser poles and wires or guy

wires, embankments, cliffs, streams or other obstacles which may physically or otherwise in any manner, restrict

or limit the use of the construction “Right of User”. Some construction and such contingency shall be deemed to

have been providing for in the rates.

3.5 At location where the OF cable trench is routed across or along railways or roads the contractor shall without extra

cost provide and maintain such detours and road controls as are required by the railways or BSNL or local

agencies having jurisdiction.

3.6 If the BSNL is not able to provide above mentioned permits etc. in time then the extension of time limit shall be

provided as per EOT clause given in tender document.

4. Quality of work:

4.1 The BSNL shall be the final judge of the quality of the work and the satisfaction of the BSNL in respect thereof set

forth in the contract documents. Laxity or failure to enforce compliance with the contract documents by the BSNL

and / or its representative shall not manifest a change or intent of waiver, the intention being that, notwithstanding

the same, the contractor shall be and remain responsible for complete and proper compliance with the contract

documents and the specification there in. The representative of the GMTD , Almora has the right to prohibit the

use of men and any tools, materials and equipment which in his opinion do not produce work or performance meet

the requirement of the contract documents.

5. Taxes and Duties:

5.1 Contractor shall pay all rates, levies, fees royalties, taxes and duties payable or arising from out of by virtue of or

in connection with and/or incidental to the contract or any of the obligations of the parties in terms of the

contractor documents and / or in respect of the works or operations or any part thereof to be performed by the

contractor and the contractor shall indemnify and keep indemnified the BSNL from and against the same or any

default by the contractor in the payment thereof. The Service Tax as applicable shall be paid by BSNL.

6. Protection of Life and Property and Existing Facilities:

6.1 The contractor is fully responsible for taking all possible safety precaution during preparation for and actual

performance of the works and for keeping the construction site in a reasonable safe condition. The contractor shall

protect all life and property from damage or losses resulting form his construction operations and shall minimize

the disturbance and inconvenience to the public.

6.2 If the excavation of trench alters the contours of the ground around road and highway Crossing in such locations

dangerous to traffic, the contractor shall at his own cost, take all necessary precautions to protect public and shall

comply with all the BSNL regulations as to placing of warning boards (minimum size 3’ x 2’), traffic signals,

barricades, flags etc. at such location. If the contractor does not put the warning signals as per above directions,

then a penalty of Rs. 500/- per day shall be levied on the contractor till the directions are compiled by the

contractor. The contractor shall take due precautions to avoid damages to other pipe lines, water mains, sewers,

telephones, telegraphs and power conduits, laid wires poles and guy wires, railways, highways, bridges or other

underground pr above ground structure and / or property crossing or adjacent to the cable trench being excavated.

6.3 Attention of the contractor is drawn to the rules regarding laying of cables at road crossing, along Railways

Bridges, Highways safety precautions while working in Public Street. The contractor in writing shall obtain the

detailed engineering instructions from the Divisional Engineer of the area.

6.4 The contractor shall be solely responsible for location through approved non-destructive means and ensuring the

safety of all existing underground pipeline, electrical cables, and or other structures.

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6.5 The contractor shall be solely liable for all expense for and in respect of repairs and / or damage occasioned by

injury of or damage to such underground and above structures or other properties and under take to indemnify the

BSNL from and against all actions, cause of actions, damages, claims and demands what so ever, either in law or

in equity and all losses and damages and costs (inclusive between attorney and client), charges and expenses in

connection therewith and / or incidental thereto. The contractor shall take all responsibilities and risk in crossing

other pipelines and cables and shall be responsible for protecting all such existing pipelines, poles, electric lines,

sewers, cables or other facilities from damage by the contractor’s operation in connection with the work. The

contractor without cost of the BSNL shall promptly repair any damage incurred.

6.6 The current market value of any commodities lost as a result of any damage to the aforesaid existing facilities

shall be paid by the contractor together with such additional sums necessary to liquidate the personal of property

damages, resulting there from.

7. Labour Welfare Measure and Workman Compensation:

7.1 Obtaining License before commencement of work:

The contractor shall obtain a valid license under the contract labour (R&A) Act 1970 and the Contract Labour

(Regulation and Abolition) Central Rules 1971, before commencement of the work, and continue to have a valid

license until the completion of work. The contractor shall also abide by the provisions of the Child Labour

(Prohibition and Regulation) Act 1986. Any failure to fulfill this requirement shall attract the penal provisions of this

contact arising out of the resultant non-execution of work.

7.2 Contractors Labour Regulations:

7.2.1 Working Hours:

1.2.1.1 Normally working hours of an employee should not exceed 9 hours a day. The working day shall be so

arranged that inclusive of interval for rest, if any, it shall not spread over more than 12 hours on any day.

1.2.1.2 When a worker is made to work for more than 9 hours on any day or for more than 48 hours in any week

he shall be paid over time for the extra hours put in by him.

1.2.1.3 Every worker shall be given a weekly holiday normally on a Sunday, in accordance with the provisions of

Minimum Wages (Central) Rules 1960, as amended from time to time, irrespective of whether such

worker is governed by the Minimum Wages Act or not.

1.2.1.4 Where the minimum wages prescribed by the BSNL, under the Minimum Wages Act, are not inclusive of

the wages for the weekly day of rest, the worker shall be entitled to rest days wages, at the rate applicable

to the next preceding day, provided he has worked under the same contractor for a continuous period of

not less than 6 days.

1.2.1.5 Where a contractor is permitted by t he Engineer-in-charge to allow a worker to work on a normal weekly

holiday, he shall grant a substituted holiday to him for the whole day, on one of the five days, immediately

before or after the normal weekly holiday, and pay wages to such worker for the work performed on the

normal weekly holiday at the overtime rate.

7.2.2 Display of Notice Regarding Wages Etc.

The contractor shall before he commences his work on contract, display and correctly maintain and continue

to display and correctly maintain, in a clear and legible condition in conspicuous places on the work, notices

in English and in local India languages spoken by the majority of the workers, giving the minimum rates of

the wages fixed under Minimum Wages Act, the actual wages being paid, the hours of work for which such

wage are earned, wages periods, dates of payments of wages and other relevant information.

7.2.3 Payment of Wages:

7.2.3.1 The contractor shall fix wage periods in respect of which wages shall be payable.

7.2.3.2 No wage period shall exceed one month.

7.2.3.3 The wages of every person employed as contract labour in an establishment or by a

contractor, where less than one thousand such persons are employed, shall be paid before the expiry of

seventh day and in other cases before the expiry of tenth day after the last day of the wage period in respect of

which the wages are payable.

7.2.3.4 Where the employment of any worker is terminated by or on behalf of the contractor, the

wages earned by him shall be paid before the expiry of the second working day from the

date on which his employment is terminated.

7.2.3.5 All payment of wages shall be made on a working day at the work premises and during the

working time and on a date notified in advance and in case the work is completed before the expiry of the

wage period, final payment shall be made within 48 hours of the last working day.

7.2.3.6 Wages due to every worker shall be paid to him direct or to other person authorized by him in this behalf.

7.2.3.7 All wages shall be paid in current coin or currency or in both.

7.2.3.8 Wages shall be paid without any deductions of any kind except those specified by the Central BSNL by

general or special order in this behalf or permissible under the payment of wages Act 1956.

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7.2.3.9 A notice showing the ages period and the place and time of disbursement of wages shall be displayed at the

place of work and a copy sent by t he contractor to the Engineer-in-charge under acknowledgement.

7.2.3.10 It shall be the duty of t he contractor to ensure the disbursement of wages in presence of the site Engineer or

any other authorized representative of the Engineer-in-charge who will be required to be present at the place and time

of the disbursement of wages by the contractor to workmen.

7.2.3.11 The contractor shall obtain from the site Engineer or any other authorized representative of the Engineer-in-

charge, as the case may be a certificate under his signature at the end of the entries in the “Register of Wages” or the

“Wage-cum-Muster Roll” as the case may be, in the following form”

“Certified that the amount shown in the column No. _______________ has been paid

to the workman concerned in my presence on _____________ at ______________”

7.2.4 Fines and deductions which may be made from wages

7.2.4.1 The wages of a worker shall be paid to him without any deduction of any kind except the following:-

(a) Fines

(b) Deductions for absence from duty i.e. from the place or the places where by t he terms of his

employment he is required to work. The amount of deduction shall be in proportion to the period from

which he was absent.

(c) Deductions for damage to or loss of goods expressly entrusted to the employed person for custody, or

for loss of money or any other deductions which he is required to account, where such damage or loss

is directly attribute to his neglect or default.

(d) Deduction for recovery of advances or for adjustment of overpayment of wages, advances granted

shall be entered in a register.

(e) Any other deduction, which the central BSNL may from time to time, allows.

7.2.4.2 No fines should be imposed on any worker save in respect of such acts and omissions on his part as have been

approved of by the Labour Commissioner.

7.2.4.3 No fine shall be imposed on a worker and no deduction for damage or loss shall be made from his wages until

the worker has been given an opportunity of showing cause against such fines or deductions.

7.2.4.4 Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was

imposed.

7.2.5 Labour Records:

7.2.5.1 The contractor shall maintain a Register of Persons Employed on work on contract in Form XIII of the

contract Labour (R&A) Central Rules 1971.

7.2.5.2 The contractor shall maintain a Muster Roll register in respect of all workmen employed by him on the work

under Contract in Form XVI of the CL (R&A) Rules 1971.

7.2.5.3 The contractor shall maintain a Wage Register in respect of all workmen employed by him on the work under

contract in form XVII of CL (R&A) Rules 1971.

7.2.5.4 Register of Accidents: The contractor shall maintain a register of accidents in such form as may be convenient

at the work place but the same shall include the following particulars:

(a) Full Particulars of the labourers who met with accident.

(b) Rate of wages

(c) Sex

(d) Age

(e) Nature of accident and cause of accident

(f) Time and date of accident

(g) Date and time when admitted in hospital

(h) Date of discharge from the hospital

(i) Period of treatment and result of treatment

(j) Percentage of loss of earning capacity and disability as assessed by Medical Officer.

(k) Claim required to be paid under Workmen’s Compensation Act.

(l) Date of payment of compensation.

(m) Amount paid with details of the person to whom the same was paid.

(n) Authority by whom the compensation was accessed.

(o) Remarks.

7.2.5.5 The contractor shall maintain a Register of Fines in the Form XII of the CL (R&A) Rules 1971. The

contractor shall display in a good condition and in a conspicuous place of work the approved list of acts and omission

for which fines can be imposed.

7.2.5.6 The contractor shall maintain a Register of deductions for damage or loss in Form XX of CL (R&A) Rules

1971.

7.2.5.7 The contractor shall maintain a Register of Advances in Form XXIII of the CL (R&A) Rules 1971.

7.2.5.8 The contractor shall maintain a Register of Overtime in Form XXIII of the CL (R&A) Rules 1971.

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7.2.6 Attendance Card-cum wage slip: 7.2.6.1 The contractor shall issue an Attendance card cum wage slip to each workman employed by him.

7.2.6.2 The card shall be valid for each wage period.

7.2.6.3 The contractor shall mark the attendance of each workman on the card twice each day, once at the

commencement of the day and again after the rest interval, before he actually starts work.

7.2.6.4 The card shall remain in possession of the worker during the wage period under reference.

7.2.6.5 The contractor shall complete the wage slip portion on the reverse of the card at least a day prior to the

disbursement of wages in respect of the wage period under reference.

7.2.6.6 The contractor shall obtain the signature or thumb impression of the worker on the wage slip at the time of

disbursement of wages and retain the card with him.

7.2.7 Employment Card

The contractor shall issue a Employment Card in the Form XIV of CL (R&A) Central Rules 1971 to each worker

within three days of the employment of the worker.

7.2.8 Service Certificate

On termination of employment for any reason whatsoever the contractor shall issue to the workman whose services

have been terminated, a Service Certificate in the Form XV of CL (R&A) Central Rules 1971.

7.2.9 Preservation of Labour records

The labour records and records of fines and deductions shall be preserved in original for a period of three years from

the date of last entries made in them and shall be made available for inspection by the Engineer-in-charge or Labour

Officer or any other officers authorized by the Ministry of Communication in this behalf.

7.3 Power of labour officer to make investigations or enquiry

The labour officer of any person authorized by the Central BSNL on their behalf shall have power to make enquiries

with a view to ascertaining and enforcing due and proper observance of Fair Wage Clauses and provisions of these

Regulations. He shall investigate into any complaint regarding the default made by the contractor in regard to such

provision.

7.4 Report of Investigating officer and action thereon

The Labour Officer or other persons authorized as aforesaid shall submit a report of result of his investigation or

enquiry to the Engineer-on-charge indicting the extent, if any, to which the default has been committed with a note

that necessary deductions from the contractor’s bill be made and the wages and other dues be paid to the labourers

concerned. The Engineer-in-charge shall arrange payments to the labour concerned within 45 days from the receipt of

the report from the Labour officer or the authorized officer as the case may be.

7.5 Inspection of Books and Slips

The contractor shall allow inspection of all the prescribed labour records to any of his workers or to his agent at a

convenient time and date after due notice is received or to the Labour Officer or any other person, authorized by the

Central BSNL on his behalf.

7.6 Submission of Returns

The contractor shall submit periodical returns as may be specified from time to time.

7.7 Amendments

The Central BSNL may from time to time add to or amend the regulations and on any question as to the

application/interpretation or effect of those regulations.

8. Insurance:

8.1 Without limiting any of his other obligations or liabilities, the contractor shall, at his own expense, take and keep

comprehensive insurance including third party risk for the plant, machinery, men, materials etc. brought to the site and

for all the work during the execution. The contractor shall also take out workmen’s compensations insurance as

required by law and under take to immediately and keep indemnified the BSNL from and against all manner of claims

and demand and losses and damages and cost (including between attorney and client) charges and expenses that may

arise in regard the same or that the BSNL may suffer or incur with respect to end / or incidental to the same. The

contractor shall have to furnish originals and / or attested copies as required by the BSNL of the policies of insurance

taken within 15 (fifteen) days of being called upon to do so together with all premium receipts and other papers related

thereto which the BSNL may require.

9. Compliance with Laws and Regulation:

9.1 During the performance of works the contractor shall at his own cost and initiative fully comply with all

applicable laws of the land and with any and all applicable by-laws rules, regulations and orders and any other

provisions having the force of law made pr promulgated or deemed to be made or promulgated by the BSNL,

BSNL agency or BSNL, municipal board, BSNL of other regulatory or authorized body or persons and shall

provide all certificates of compliance therewith as may be required by such applicable law. By-laws, Rules,

Regulations, orders and / or provisions. The contractor shall assume full responsibility for the payment of all

contributions and pay roll taxes, as to its employees, servants or agents engaged in the performance of the

work specified in the contractor documents. If the contractor shall require any assignee or sub-contractor to

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sham any portion of the work to be performed hereunder may be assigned sub-leased or sub-contracted to

comply with the provisions of the clause and in this connection the contractor agrees as to undertake to save

and hold the BSNL harmless and indemnified from and against any/all penalties, actions, suits, losses and

damages, claims and demands and costs (inclusive between attorney and client) charges and expenses

whatsoever arising out or occasioned, indirectly or directly, by failure of the contractor or any assignee or sub-

contractor to make full and proper compliance with the said by-laws, Rules, Regulations, Laws and order and

provisions as aforesaid.

10. Tools and Plants

The contractor shall provide at his own cost all tools, plants appliances, implements, measuring instruments

etc. required for proper execution of works. The contractor shall also supply without charge the requisite

number of persons with the means and materials necessary for the purpose of setting out works, counting,

weighing and assisting the measurements for examination at any time and from time to time. The contractor

shall be responsible to make all arrangements, at his own cost for dewatering of trenches / ducts and de-

gasification of the ducts before carrying out the work. The contractor shall also be responsible to make

arrangements, at his own cost for water required for carrying of works at sites including curing of CC/RCC

works. Failing his so doing the same may be provided by the Engineer-in-charge at the expense of the

contractor and the expenses shall be deducted from any money due to the contractor under this contract or

otherwise.

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SECTION-6 Part A Bharat Sanchar Nigam Limited

(A Govt. of India Enterprises)

Office of the General Manager Telecom District, Almora

Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017

PROFORMA for LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

_________________________________________________________________________________

<To be written/typed in Firm’s Letter Head>

Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017

Contractor Reference Number:_________________________________________________________

Subject: Authorization for attending bid opening on ________________(date) in the above mentioned

Tender number

Following persons are hereby authorized to attend the bid opening for the tender mentioned above on behalf

of______________________________________________ (Bidder) in order of preference given below.

Order of preference Name Specimen Signatures

I

II

Alternate Representative

Signatures of Bidder

or

Officer authorized to sign the bid

Documents on behalf of the bidder.

1. Maximum of two representatives will be permitted to attend bid opening. In cases where it is restricted

to one, first preference will be allowed. Alternate representative will be permitted when regular

representative are not able to attend.

2. Permission for entry to the hall where bids are opened may be refused in case authorization as

prescribed above is not recovered.

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SECTION-6 Part B Bharat Sanchar Nigam Limited

(A Govt. of India Enterprises)

Office of the General Manager Telecom District, Almora

Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017

DECLARATIONS REGARDING NO NEAR RELATIONSHIP WITH BSNL/BBNL EMPLOYEE

______________________________________________________________________________________

<To be written/typed in Firms later head>

Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017

I ………… …………… …………… …………… …………… …………… ……………. S/o Sri …… ………

……… ……… …………… ……. R/o ………… …………… ……… …… ……… ………… ………… …………

………… ………… ………… ……… ………… hereby certify that none of my relative(s) as defined in the Bid

document is/ are employed in BSNL/BBNL units. In case at any stage it is found that the information given by me is

false/ incorrect, BSNL shall have the absolute right to take any action as deemed fit, without any prior intimation to

me.

Dated this …………….. Day of ……………2017

Signature: ………………………..

Name in Full: ……………………

Signed as: ………………………..

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SECTION-7 Part A Bharat Sanchar Nigam Limited

(A Govt. of India Enterprises)

Office of the General Manager Telecom District, Almora

Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017

PROFORMA for BID Security/EMD

______________________________________________________________________________________

<To be written/typed in Rs. 100 Stamp Paper>

Sub: Bid Security/EMD guarantee.

Whereas M/s …………………………… R/o ……………… ………… ………………………………………

(Hereafter referred to as Bidder) has approached us for giving Bank Guarantee of Rs. ……………………/- (hereafter

known as the “B. G. Amount”) valid up to …../……/ 20….. (hereafter known as the “Validity date”) in favour of

AO(Cash), BSNL ------------------- (Hereafter referred to as BSNL) for participation in the tender of

…………………………………………….. vide tender no. ………………………………….

Now at the request of the Bidder, We ……………………………………… Bank …………………………Branch

having ………………………………………… ………. .……………………………………. (Address) and Regd.

office address as ……… ………...……………………………………………………………………… ……… ………

…………… (Hereinafter called ‘the Bank”) agrees to give this guarantee as hereinafter contained:

1. We the Bank do hereby undertake to pay the amounts due and payable under this guarantee without any

demur, merely on a demand from the BSNL stating that the amount claimed is due by way of loss or damage

caused to or would be caused to or suffered by the BSNL by reason of breach by the said bidder(s) of any of

terms or conditions contained in the said Agreement or by reason of the bidder (s) failure to perform the said

Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable

by the Bank under this guarantee where the decision of the BSNL in these counts shall be final and binding on

the bank. However, our liability under this guarantee shall be restricted to an amount not exceeding the “B. G.

Amount”.

2. We undertake to pay to the BSNL any money so demanded notwithstanding any dispute or disputes raised by

the bidder(s) in any suit or proceeding before any court or tribunal relating thereto our liability under this

present being absolute and unequivocal. The Payment so made by us under this bond shall be valid discharge

of our liability for payment there under and the bidder(s) shall have no claim against us for making such

payment.

3. We the Bank further agree that the guarantee herein contained shall remain in full force and effect during the

period that would be taken for the performance of the said agreement and that it shall continue to be

enforceable till all the dues of the BSNL under or by virtue of the said Agreement have been fully paid and its

claims satisfied or discharged or till BSNL Certifies that the terms and conditions of the said Agreement have

been fully and properly carried out by the said bidder(s) and accordingly discharge this guarantee. Unless a

demand or claim under this guarantee is made on us in writing or before the expiry of Validity date from the

date hereof, we shall be discharged from all liability under this guarantee thereafter.

4. We the Bank further agree with the BSNL that the BSNL shall have the fullest liberty without our consent and

without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said

Agreement or to extend time of performance by the said bidder(s) from time to time or to postpone for any

time or from time to time any of the powers exercisable by the BSNL against the said bidder(s) and to forbear

or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our

liability by reason of any such variation, or extension being granted to the said Bidder(s) or for any

forbearance, act or omission on the part of the BSNL or any indulgence by the BSNL to the said bidder(s) or

by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision,

have effect of so relieving us.

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Page 51 of 57 Signature of Bidder with seal

5. Notwithstanding anything herein contained;

a) The liability of the Bank under this guarantee is restricted to the “B. G. Amount” and it will remain in

force up to its Validity date specified above.

b) The guarantee shall stand completely discharged and all rights of the BSNL under this Guarantee shall

be extinguished if no claim or demand is made on us in writing on or before its validity date.

6. In case BSNL demands for any money under this bank guarantee, the same shall be paid through banker’s

Cheque in favour of “AO (Cash), BSNL, GMTD, , Almora” payable at , Almora.

7. The Bank guarantees that the below mentioned officer who have signed it on behalf of the Bank have

authority to give this guarantee under its delegated power.

Place: ……………………………

Date: ………………………….. (Signature of the Bank Officer)

Rubber stamp of the bank

Authorized Power of Attorney Number: ……………….

Name of the Bank officer: ……………………………..

Designation: ……………………………………

Complete Postal address of Bank: ……………………

………………………………………………………………

Telephone Numbers ……………………………..

Fax numbers ………………………………

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SECTION-7 Part B Bharat Sanchar Nigam Limited

(A Govt. of India Enterprises)

Office of the General Manager Telecom District, Almora

Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017

PROFORMA for AGREEMENT <To be written/typed in Rs. 100 Stamp Paper>

This agreement made on this ______________day of ___________ (month) ___________(year)

________________________between M/s_______________ _____________________________

__________________________________herein after called “The Contractor” (Which expression shall unless excluded by

or repugnant to the context, include its successors, heir, executors, administrative representative and assignee) of the one

part & the CMD BSNL here in after referred to as the BSNL, on other part.

Whereas the contractor has offered to enter into contract with the said BSNL for the execution or work of trenching & pipe

laying, OF Cable pulling, OF cable splicing and termination, preparation of joint chambers, fixing, painting and sign

writing or route/ joint indicators and other associated works in ( the GMTD -------------) on the terms and conditions herein

contained and the rates approved by the BSNL. (Copy of Rates annexed) have been duly accepted and where as the

necessary security deposits have been furnished in accordance with the provisions of the tender document and whereas no

interest will be claimed on the security deposits.

Now these presents witness and it is hereby agreed and declared by and between the parties to these presents as follows.

1) The Contractor shall, during the period of this contract that is to say from ------------------------------------------------

-------to ------------------------------------or completion of work for Rs___________________________(In

words)_____________________whichever is earlier or until this contact shall be determined by such notice as is

hereinafter mentioned, safely carryout, by means of labours employed at his own expenses and by means of tools,

implements and equipment etc. to be supplied by him to his labour at his own expenses, all trenching , pipe laying

, cable pulling , joint chamber preparation, fixing , painting and sign writing or route indicators and other

associated works as described in tender documents ( annexed to the agreement) , when the BSNL or ( the GMTD --

-----------------) or any other persons authorized by (the GMTD , Almora) in that behalf require. It is understood

by the contractor that the quantity of work mentioned on the schedule is likely to change as per actual

requirements as demanded by exigencies of service.

2) The DNIT (detailed notice inviting tender), Bid documents (Qualifying and Financial ), Engineering instructions,

letter of indent, approved rates, annexed hereto and such other additional particulars, instructions, drawings, work

orders as may be found requisite to be given during execution of the work shall be deemed and taken to be an

integral part of the contract and shall also be deemed to be included I the expression “The Agreement” or “The

Contract” where herein used.

3) The Contractor shall also supply the requisite number of workmen with means & materials as well as tools,

appliances, machines, implements, vehicles for transportation, cartage etc. required for the proper execution of

work within the time prescribed in the work orders.

4) The Contractor hereby declares that nobody connected with or in the employment of the BSNL of

Telecommunication / BSNL is not / shall not ever be admitted as partner in the contract.

5) The Contractor shall abide by the terms and conditions, rules, guidelines, construction practices, safety

precautions etc. stipulated in the tender document including any correspondence between the contractor and the

BSNL having bearing on execution of work and payments or work to be done under the contract.

In witness whereof the parties present have here into set their respective hands and seals the day and year

in_____________________.

Above written:

Signed sealed & delivered by

The above named Contractor

In the presence of

Witness :

1.

2.

Signed & delivered on behalf

of the CMD BSNL by the

Witness :

1.

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2.

SECTION-7 Part C Bharat Sanchar Nigam Limited

(A Govt. of India Enterprises)

Office of the General Manager Telecom District, Almora

Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017

PROFORMA for MATERIAL SECURITY BOND

______________________________________________________________________________________

<To be written/typed in Rs. 100 Stamp Paper>

Whereas ------------------(hereinafter called “ the contractor “) has been awarded the contract of cable

construction work, as per tender number_____________________________ KNOW ALL MEN by these presents that

WE _________OF _______________ having our registered office at

________________________________________(hereinafter called the “the Contractor”) are bound unto

_____________ hereinafter called “the BSNL”) in the sum of _____________ for which payment will and truly to be

made of the said BSNL , the Bank binds itself , its successors and assigns by these presents.

THE CONDITIONS of the obligation are:

1. If the contractor is unable to keep stores issued to him, properly, i.e. the store provided to the contractor, by

the BSNL are damaged or

2. The stores issued to the contractor by the BSNL are stolen or

3. The contractor is not able to provide proper account of the stores issued to him/her/them by the BSNL.

We undertake to pay to the BSNL up to the above amount upon receipt of its first written demand without the BSNL

having to substantiate its demand, provided that in its demand, the BSNL will note that the amount claimed by it is

due it owing to the occurrence of one or two or all of three conditions specifying the occurred condition or conditions.

This guarantee will remain in force up to and including One hundred and eighty (180) days after the period of contract

validity, and any demand in respect thereof should reach the Bank not later than the above date.

Signature of the Bank

Signature of the Witness

Name of Witness

Address of Witness

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SECTION-8

Bharat Sanchar Nigam Limited (A Govt. of India Enterprises)

Office of the General Manager Telecom District, , Almora

Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017

Tenderer’s Profile

General:

1. Name of the tenderer / Firm _______________________________________

2. Name of the person submitting the tender whose Photograph is affixed

Shri / Smt. ____________________________________________________

(In case of Proprietary / Partnership firms, the tender has to be signed by Proprietor /Partner only, as the

case may be)

3. Address of the Firm

__________________________________________________________________________

_________________________________________________Pin Code___________________

4. Telegraphic Address __________________________________________________________________

5. Telephone No. (With STD Code) (O)_____________ (R)____________ (Mob)______________________

6. Registration & incorporation particulars of the firm

(i) Proprietorship

(ii) Partnership

(iii) Private Limited

(iv) Public Limited

(Please attach attested copies of documents of registration / incorporation of your firm with the competent

authority as required by business law)

7. Name of Proprietor / Partners / Directors _________ ______________ ______________ ____________

______________ ______________ ______________ ______________ _____________ _____________

______________ ______________ ______________ ______________ _____________ _____________

______________ ______________ ______________ ______________ _____________ _____________

8. Tenderer’s Experience Certificate details

(a) Year _________________ _________________ _________________

(b) Amount _________________ _________________ _________________

(c) Issuing SSA _________________ _________________ _________________

(d) Name of Circle _________________ _________________ _________________

(e) Issued On _________________ _________________ _________________

(Attested copies of the Experience Certificates may please be enclosed)

9. Tenderer’s bank, its address and his current account number ___________________

___________________________________________________________________________

10. Permanent Account Number of Income Tax ______________________ (Please attach attested copy of PAN No.

).

11. Infrastructural capabilities :

(a) Capacity of trenching per day (in meters) ______________________________________

(b) Capacity of pipe laying per day (in meters) _____________________________________

(c) Capacity of pulling cable through duct / pipe per day (in meters) _____________

________________________________________________________________________

Passport size

photograph of the

tenderer /

authorized

signatory holding

power of Attorney

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(d) Capacity of engaging mazdoors (labour) per day __________________________________

(e) Particulars of vehicles available with the tenderer :

Sl.No. Type of Vehicle(s) Registration Number

______________ ______________ ______________ ______________ _____________ _____________

______________ ______________ ______________ ______________ _____________ _____________

______________ ______________ ______________ ______________ _____________ _____________

______________ ______________ ______________ ______________ _____________ _____________

______________ ______________ ______________ ______________ _____________ _____________

______________ ______________ ______________ ______________ _____________ _____________

______________ ______________ ______________ ______________ _____________ _____________

______________ ______________ ______________ ______________ _____________ _____________

______________ ______________ ______________ ______________ _____________ _____________

12. Particulars of other machines possessed by the contractor which can help in trenching, pipe laying and cable

pulling:

______________ ______________ ______________ ______________ _____________ _____________

______________ ______________ ______________ ______________ _____________ _____________

______________ ______________ ______________ ______________ _____________ _____________

13. Details of Technical and supervisory Staff :

(Attach list in separate sheet)

I/We hereby declare that the information furnished above is true and correct.

Place :

Date :

Signature of tenderer / Authorized Signatory ______________________

Name of the tenderer _________________________________________

Seal of the tenderer ______________________

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SECTION-9 Part A

Bharat Sanchar Nigam Limited

(A Govt. of India Enterprises) Office of the General Manager Telecom District, , Almora

Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017

BID FORM

To,

The AGM (CFA)

O/o GMTD, -------------------.

Contractor’s Reference: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dear Sir,

Having examined the conditions of contract and specifications including addenda No._____ the receipt of which is

hereby duly acknowledged, we, undersigned, offer to execute the work of Optical Fiber Cable Construction Work

_____________________ in conformity with said drawings, conditions of contract and specifications as may be

ascertained in accordance with the schedule of process attached herewith and made part of this Bid.

We undertake, if our Bid is accepted, we will execute the work in accordance with specifications, time limits & terms

and conditions stipulated in the tender document.

If our Bid is accepted, we shall submit the securities as per the conditions mentioned in the contract.

We agree to abide by this Bid for a period of 180 days from the date fixed for Bid opening (Qualifying Bid) and it

shall remain binding upon us and may be accepted at any time before the expiry of that period.

Until a format Agreement is prepared and executed, this Bid together with your written acceptance thereof in your

notification of award shall constitute a binding contract between us.

Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alternation and replacement.

Dated this _______ day of __________, __________.

Signature of Authorized Signatory ______________

In capacity of ____________________________

Duly authorized to sign the bid for and on behalf of ___________

Witness ___________

Address _________________

Signature __________________

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SECTION-9 Part B

Bharat Sanchar Nigam Limited

(A Govt. of India Enterprises) Office of the General Manager Telecom District, , Almora

Tender No. X-1/Tender/NOFN/BAGESHWAR/Lossy Fiber/2016-17 Date: 10-01-2017

FINANCIAL BID

<<Please fill into the E-tender portal as per DNIT>>